People v. Salomon — 249 A.D.2d 335

Majority

p. 335

The People of the State of New York, Respondent, v Everad Salomon, Appellant.

[670 NYS2d 347]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered December 7, 1995, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

After a jury trial, the defendant and his codefendant, Derek Mackey, were convicted of first and second degree robbery in connection with a gunpoint robbery on a Queens street. The defendant’s contention that his guilt was not proven by legally sufficient evidence is unpreserved for appellate review (see, People v Bynum, 70 NY2d 858 ). In any event, viewing the evi

p. 336

dence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s conviction must be reversed, however, because he was substantially prejudiced by the People’s delay in providing Rosario material (see, People v Mackey, 249 AD2d 329 [decided herewith]).

In light of our determination, we need not address the defendant’s remaining contentions. O’Brien, J. P., Joy, Altman and Luciano, JJ., concur.

Cases cited

People v. Bynum 70 NY2d 858 N.Y. 1987-11-24 p. 335
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 336
People v. Mackey 249 AD2d 329 N.Y. App. Div. 1998-04-06 p. 336