Majority
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Condon, J.), rendered September 27, 2013, convicting him of attempted robbery in the third degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 , 492 [2008]; People v Gumbs, 58 AD3d 641 , 641 [2009]; People v Crawford, 38 AD3d 680 , 681 [2007]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 , 621 [1983]), we find that the evidence was legally sufficient to establish his guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to 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]). Dillon, J.P., Miller, Duffy and LaSalle, JJ., concur.
Cases cited
- People v. Hawkins 11 NY3d 484 at 492 p. 610
- People v. Gumbs 58 AD3d 641 at 641 p. 610
- People v. Crawford 38 AD3d 680 at 681 p. 610
- People v. Contes 60 NY2d 620 at 621 p. 610
- People v. Romero 7 NY3d 633 p. 610