Majority
p. 414The People of the State of New York, Respondent, v Frederick Oniha, Appellant. [736 NYS2d 906]
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered December 21, 1999, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court properly modified its Sandoval ruling (see, People v Sandoval, 34 NY2d 371 ), in light of the testimony presented by the defense (see, People v Rodriguez, 85 NY2d 586 , 591; People v Fardan, 82 NY2d 638 , 646; People v McElroy, 239 AD2d 521 ).
p. 415
The defendant’s remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal. Florio, J.P., O’Brien, H. Miller and Townes, JJ., concur.
Cases cited
- People v. Sandoval 34 NY2d 371 p. 414
- People v. Rodriguez 85 NY2d 586 at 591 p. 414
- People v. Fardan 82 NY2d 638 at 646 p. 414