| People v Urena |
| 2007 NY Slip Op 09810 [46 AD3d 714] |
| December 11, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JuanUrena, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeanetteLifschitz, and Kristina Sapaskis of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGuire,J.), rendered May 19, 2005, convicting him of robbery in the first degree, menacing in the seconddegree, and petit larceny, 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 guilt ofrobbery in the first degree is unpreserved for appellate review, since he failed to address anyspecific legal errors as a basis for dismissal of that count in the trial court (see CPL470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]). In any event, viewing the evidencein 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 of the crime ofrobbery in the first degree beyond a reasonable doubt (see Penal Law §§160.00, 160.15 [3]; People v Smith, 79 NY2d 309, 312-314 [1992]; People vLawson, 184 AD2d 588 [1992]). The evidence adduced at trial established that the defendantused a dangerous instrument to threaten the complainant with physical force for the purpose of"[p]reventing or overcoming resistance to the retention [of the property] immediately after thetaking" (Penal Law § 160.00 [1]; see Penal Law § 160.15 [3]). Moreover,resolution of issues of credibility is primarily a matter to be determined by the jury, which sawand heard the witnesses, and its determination should be accorded great deference on appeal (see People v Romero, 7 NY3d633, 644-645 [2006]; People v Mateo, 2 NY3d 383, 410 [2004], cert denied542 US 946 [2004]). Upon the exercise of our factual review power (see CPL 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[2006]).
To the extent that the defendant's claims of ineffective assistance of counsel, as set forth inpoint II of his supplemental pro se brief, are based upon matter dehors the record, they may notbe reviewed on direct appeal (see Peoplev Sabatino, 41 AD3d 871 [2007], lv denied 9 NY3d 964 [2007]). Insofar as weare able to review these claims, we find that defense counsel provided the defendant withmeaningful representation (see People vTurner, 5 NY3d 476, 480 [2005]; People v Henry, 95 NY2d 563 [2000]).Rivera, J.P., Spolzino, Carni and McCarthy, JJ., concur.