187 A.D.2d 739

The People of the State of New York, Respondent, v Leroy Robinson, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered April 20, 1989, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the People failed to adduce legally sufficient evidence establishing his identity as the murderer beyond a reasonable doubt is unpreserved for appellate review since his argument in this regard was not raised in the court of original instance (see, CPL 470.05 [2]; People v Proctor, 79 NY2d 992; People v Logan, 74 NY2d 859; People v McNeil, 183 AD2d 790). In any event, viewing the evidence in a light most favorable to the People (see, People v Contes, 60 NY2d 620), we find it was legally sufficient to establish the defendant’s identity as the perpetrator beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]).

The defendant’s remaining contentions are also unpreserved for appellate review, and, in any event, are without merit. Mangano, P. J., Thompson, Eiber and Ritter, JJ., concur.

People v. Robinson
187 A.D.2d 739

Case Details

Name
People v. Robinson
Decision Date
Nov 30, 1992
Citations

187 A.D.2d 739

Jurisdiction
New York

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