Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Herbert Rivera, Appellant

243 A.D.2d 587665 N.Y.S.2d 510·New York Supreme Court, Appellate Division·1997·NY

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Opinion

The People of the State of New York, Respondent, v Herbert Rivera, Appellant. [665 NYS2d 510] [MAJORITY] Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered February 27, 1995, convicting him of robbery in the second degree (two counts), 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), 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]). The defendant’s remaining contention is without merit (see, People v Carlstrol, 231 AD2d 646). O’Brien, J. P., Santucci, Joy and Altman, JJ., concur.