| People v Wright |
| 2013 NY Slip Op 02422 [105 AD3d 876] |
| April 10, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Darryl Wright, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andJohn F. McGoldrick of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Latella, J.), rendered April 12, 2011, convicting him of robbery in the second degree,robbery in the third degree, grand larceny in the fourth degree (three counts), criminalpossession of stolen property in the fourth degree, criminal possession of stolen propertyin the fifth degree, unauthorized use of a vehicle in the third degree, and recklessendangerment in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the identification evidence was legally insufficient toestablish his guilt of the crimes of robbery in the second degree, robbery in the thirddegree, and grand larceny in the fourth degree is unpreserved for appellate review sincehe did not specify this ground in his motion to dismiss at trial (see CPL 470.05[2]; People v Gray, 86 NY2d 10 [1995]; People v Williams, 298 AD2d535 [2002]; People v Campbell, 209 AD2d 631 [1994]). In any event, thecontention is without merit (seePeople v Joseph, 74 AD3d 840 [2010]; People v Carter, 44 AD3d 677 [2007]). Moreover, uponour independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict ofguilt as to those crimes was not against the weight of the evidence (see People v Danielson, 9NY3d 342 [2007]; People vRomero, 7 NY3d 633 [2006]). The jury's finding of "physical injury" (PenalLaw § 10.00 [9]) was supported by the evidence (see People v Chiddick, 8NY3d 445 [2007]; People vStearns, 72 AD3d 1214 [2010]). Mastro, J.P., Rivera, Chambers and Miller, JJ.,concur.