People v Laviscount
2008 NY Slip Op 10639 [57 AD3d 1007]
December 30, 2008
Appellate Division, Second Department
As corrected through Wednesday, February 11, 2009


The People of the State of New York,Respondent,
v
Sentwali Laviscount, Also Known as Laviscount Sentwali,Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeanetteLifschitz, and Rebecca Kramer of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Blumenfeld, J.), rendered October 31, 2006, convicting him of robbery in the third degree,escape in the first degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support hisconviction of robbery in the third degree is unpreserved for appellate review (see CPL470.05 [2]; People v Andolina, 23 AD3d 573 [2005]; People v Ross, 180 AD2d698 [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 toestablish beyond a reasonable doubt that the defendant forcibly stole property from thecomplainant (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 CPL 470.15 (5), we are satisfiedthat 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 CPL470.05 [2]) [*2]and, in any event, is without merit (seeCPL 310.30; People v Adames, 42 AD3d 328, 329 [2007]). Skelos, J.P., Santucci,McCarthy and Dickerson, JJ., concur.


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