NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 21, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
REYES RODRIGUEZ, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered November 3, 2006, convicting defendant, after a jury trial, of conspiracy in the fourth degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
McGuire, J.P., Acosta, DeGrasse, Richter, Abdus-Salaam, JJ.
Defendant's legal sufficiency argument is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. Furthermore, the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 ). There was no innocent explanation for defendant's course of conduct, including his coordinated activity with the other conspirators and the presence in his van of equipment suitable for use in committing the intended robbery.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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