Majority
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered November 20, 2012, convicting him of attempted robbery in the third degree and attempted grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s identity as the perpetrator and the defendant’s guilt beyond a reasonable doubt (see People v Casarrubia, 117 AD3d 1072 , 1073 [2014]; People v John, 51 AD3d 819 , 820 [2008]; People v Delgadillo, 13 AD3d 643 , 643-644 [2004]). Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
The court’s participation in the proceedings did not deprive
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Dillon, J.E, Hall, Austin and Barros, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 917
- People v. Casarrubia 117 AD3d 1072 at 1073 p. 917
- People v. John 51 AD3d 819 at 820 p. 917
- People v. Delgadillo 13 AD3d 643 at 643-644 p. 917
- People v. Romero 7 NY3d 633 p. 917
- People v. Robinson 100 AD3d 934 p. 918
- People v. Charles-Pierre 31 AD3d 659 at 660 p. 918
- People v. Rivers 85 AD3d 826 p. 918
- People v. Suitte 90 AD2d 80 p. 918