| People v Casarrubia |
| 2014 NY Slip Op 03853 [117 AD3d 1072] |
| May 28, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Esteban Casarrubia, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Jeanette Lifschitz, and Tina Grillo of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Blumenfeld, J.), rendered May 29, 2012, convicting him of menacing in the seconddegree and criminal mischief in the fourth degree, after a nonjury trial, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his challenge to the legalsufficiency of the identification evidence (see CPL 470.05 [2]; People v Aviles, 87 AD3d547 [2011]; People vChardon, 83 AD3d 954, 956 [2011]; People v Rivera, 78 AD3d 969 [2010]). In any event,viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620 [1983]), we find that the evidence was legally sufficient toestablish the defendant's identity as one of the perpetrators. Moreover, upon the exerciseof our factual review power (see CPL 470.15 [5]), we are satisfied that theverdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d633 [2006]). Rivera, J.P., Austin, Roman and Hinds-Radix, JJ., concur.