Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Michael Acevedo, Appellant

26 A.D.3d 339807 N.Y.S.2d 880·New York Supreme Court, Appellate Division·2006·NY

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Opinion

The People of the State of New York, Respondent, v Michael Acevedo, Appellant. [807 NYS2d 880] [MAJORITY] Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J), rendered September 13, 2004, convicting him of robbery in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. 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 the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we find that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]). The defendant’s remaining contentions are without merit or do not require reversal. H. Miller, J.P., Crane, Skelos and Dillon, JJ., concur.