SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
December 1, 2009
THE PEOPLE, ETC., RESPONDENT,
HERBERT RATTLER, APPELLANT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered January 3, 2008, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
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.
STEVEN W. FISHER, J.P., DANIEL D. ANGIOLILLO, PLUMMER E. LOTT & SANDRA L. SGROI, JJ.
(Ind. No. 10888/06)
DECISION & ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633; People v Bleakley, 69 NY2d 490, 495).
The defendant's remaining contention is without merit.
FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.
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