People v. Pimental

225 A.D.2d 637, 639 N.Y.2d 740, 639 N.Y.S.2d 740, 1996 N.Y. App. Div. LEXIS 2139

Opinion

The complainant was robbed at gunpoint in her home. Approximately one month after the crime, the complainant identified the defendant in a lineup as the perpetrator.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19). 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 on all counts 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 (see, CPL 470.15 [5]).

The defendant’s sentence is not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contention is without merit. Balletta, J. P., Sullivan, Joy and Krausman, JJ., concur.