Majority
p. 432The People of the State of New York, Respondent, v Fedor Leschenko, Appellant. [718 NYS2d 607]
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered October 19, 1999, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the evidence was legally insufficient to establish his identity beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 ). In any event, viewing the evidence in the
p. 433
light most favorable to the People (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]). Santucci, J. P., Altman, Goldstein and McGinity, JJ., concur.
Cases cited
- People v. Gray 86 NY2d 10 p. 432
- People v. Contes 60 NY2d 620 p. 433