People v. Adames

• Decision Date: 08 September 2003
• Citation: 308 A.D.2d 454,764 N.Y.S.2d 200
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ISMAEL ADAMES, Appellant.
• Court: New York Supreme Court — Appellate Division

308 A.D.2d 454

764 N.Y.S.2d 200

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.ISMAEL ADAMES, Appellant.

Decided September 8, 2003.

Prudenti, P.J., Townes, Mastro and Rivera, JJ., concur.

Ordered that the judgment as amended is affirmed.

The defendant's contention that the People failed to adduce legally sufficient proof of his identity as the robber beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19-21 [1995]). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt 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 (see CPL 470.15 [5]).