People v. Joseph

243 A.D.2d 728, 665 N.Y.S.2d 315

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered January 5, 1996, convicting him of attempted robbery in the first degree and attempted 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 adduced at trial was legally insufficient to prove that he had the intent to commit the crime of attempted robbery was unpreserved for appellate review because the defendant’s motion for a trial order of dismissal was not sufficiently specific (see, People v Gray, 86 NY2d 10, 20-21; People v Udzinski, 146 AD2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution (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 (CPL 470.15 [5]). Thompson, J. P., Sullivan, Joy and Florio, JJ., concur.