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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 2002
293 A.D.2d 764 (N.Y. App. Div. 2002)

Opinion

1999-08847

Submitted April 1, 2002.

April 29, 2002.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 2, 1999, convicting him of robbery in the second degree, grand larceny in the third degree, grand larceny in the fourth degree, criminal possession of stolen property in the third degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Philip C. Schiffman, Washington, N.Y., for appellant, and appellant pro se.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

Before: SANDRA J. FEUERSTEIN, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, BARRY A. COZIER, JJ.


ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction because the People failed to show that he shared his codefendants' intent to commit the robbery is unpreserved for appellate review (see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see e.g. People v. Jackson, 44 N.Y.2d 935; People v. Keitt, 42 N.Y.2d 926; People v. Bido, 235 A.D.2d 288; People v. Kirby, 176 A.D.2d 822). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review (see CPL 470.05), and, in any event, without merit (see People v. Nelson, 178 A.D.2d 617; People v. Bryant, 163 A.D.2d 406).

FEUERSTEIN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 2002
293 A.D.2d 764 (N.Y. App. Div. 2002)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. LORENZO RODRIGUEZ, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 29, 2002

Citations

293 A.D.2d 764 (N.Y. App. Div. 2002)
741 N.Y.S.2d 447

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