People v. Carrion

133 A.D.3d 610, 18 N.Y.S.3d 550

Opinion

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.