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People v. Land

221 A.D.2d 566 Court N.Y. App. Div. Decision date 1995-11-20 English

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p. 566
The People of the State of New York, Respondent, v John Land, Appellant.
[634 NYS2d 407]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered November 4, 1993, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is not preserved for appellate review (see, CPL 470.05 [2]). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover,, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15 [5]). Bracken, J. P., Miller, Altman and Florio, JJ., concur.

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