Appellate Division of the Supreme Court of New York, 2000

People v. Leschenko

People v. Leschenko
Appellate Division of the Supreme Court of New York · Decided December 18, 2000
278 A.D.2d 432; 718 N.Y.S.2d 607; 2000 N.Y. App. Div. LEXIS 13185
People v. Leschenko

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Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered October 19, 1999, convicting him of 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 was legally insufficient to establish his identity beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the *433light most favorable to the People (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 (see, CPL 470.15 [5]). Santucci, J. P., Altman, Goldstein and McGinity, JJ., concur.

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