People v Cusimano

2008 NY Slip Op 00281 [47 AD3d 725]

January 15, 2008

Appellate Division, Second Department

As corrected through Wednesday, March 12, 2008

The People of the State of New York,Respondent, v Anthony Cusimano, Appellant.

—[*1]Steven Banks, New York, N.Y. (Cheryl Williams of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and David Baharvar of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.),rendered March 7, 2006, convicting him of robbery in the third degree, upon a jury verdict, andimposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the evidence was legally sufficient to support hisconviction for robbery in the third degree. Viewing the evidence in the light most favorable to theprosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legallysufficient to establish beyond a reasonable doubt that the defendant forcibly stole property fromthe complainant (see Penal Law § 160.05; People v Simmons, 31 AD3d 1051, 1053 [2006]; People vMonserrate, 299 AD2d 371 [2002]; People v Ramos, 254 AD2d 373 [1998]).Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we aresatisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d633, 644-645 [2006]). Mastro, J.P., Santucci, Balkin and Dickerson, JJ., concur.