Appellate Division of the Supreme Court of New York, 2008

People v. Laviscount

Appellate Division of the Supreme Court of New York · Decided December 30, 2008

57 A.D.3d 1007; 869 N.Y.2d 792

Cases that cite this one

3 later published cases cite this decision.

People v. Peters (Appellate Division of the Supreme Court of New York 2010)
People v. Walters (Appellate Division of the Supreme Court of New York 2010)
People v. Heath (Appellate Division of the Supreme Court of New York 2010)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*1008The defendant’s contention that the evidence was legally insufficient to support his conviction of robbery in the third degree is unpreserved for appellate review (see GPL 470.05 [2]; People v Andolina, 23 AD3d 573 [2005]; People v Ross, 180 AD2d 698 [1992]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant forcibly stole property from the complainant (see Penal Law § 160.05; People v Cusimano, 48 AD3d 475 [2008]; People v Andolina, 23 AD3d 573 [2005]; People v Cannon, 1 AD3d 606 [2003]). Moreover, upon our independent review pursuant to GPL 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, 644-645 [2006]).

The defendant’s remaining contention is unpreserved for appellate review (see GPL 470.05 [2]) and, in any event, is without merit (see CPL 310.30; People v Adames, 42 AD3d 328, 329 [2007]). Skelos, J.P., Santucci, McCarthy and Dickerson, JJ., concur.

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