People v. Black

• Decision Date: 04 May 2010
• Citation: 73 A.D.3d 798,899 N.Y.S.2d 644
• Parties: The PEOPLE, etc., respondent, v. Marlon BLACK, appellant.
• Court: New York Supreme Court — Appellate Division

899 N.Y.S.2d 644

73 A.D.3d 798

The PEOPLE, etc., respondent,

v.Marlon BLACK, appellant.

Supreme Court, Appellate Division, Second Department, New York.

May 4, 2010.

Andrew W. Sayegh, Yonkers, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie A. Livingston, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered March 11, 2008, convicting him of attempted robbery in the first degree, attempted robbery in the second degree, criminal possession of a weapon in the third degree, assault in the third degree, and resisting arrest, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The County Court properly denied, without a hearing, the defendant's motion to set aside the verdict pursuant to CPL 330.30(2), based upon alleged juror misconduct ( see People v. Samandarov, 13 N.Y.3d 433, 437-438, 892 N.Y.S.2d 823, 920 N.E.2d 930; People v. Thomas, 24 A.D.3d 1242, 1243, 806 N.Y.S.2d 831).

The defendant's contention that the evidence was legally insufficient to support the convictions of attempted robbery in the first degree and attempted robbery in the second degree is unpreserved for appellate review ( see CPL 470.05[2]; People v. Hawkins, 11 N.Y.3d 484, 491-492, 872 N.Y.S.2d 395, 900 N.E.2d 946). In any event, viewingthe evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), the evidence was legally sufficient to establish, beyond a reasonable doubt, the defendant's guilt of both attempted robbery in the first degree ( see Penal Law §§ 110, 160.15[3]; People v. Jackson, 59 A.D.3d 637, 638, 873 N.Y.S.2d 214; People v. Killings, 55 A.D.3d 852, 865 N.Y.S.2d 672) and attempted robbery in the second degree ( see Penal Law §§ 110, 160.10[2][a]; People v. Chiddick, 8 N.Y.3d 445, 834 N.Y.S.2d 710, 866 N.E.2d 1039; People v. Perkins, 68 A.D.3d 494, 890 N.Y.S.2d 528). The evidence also was legally sufficient to establish, beyond a reasonable doubt, the defendant's guilt of criminal possession of a weapon in the third degree ( see Penal Law § 265.02[1]; People v. Shakespeare, 63 A.D.3d 861, 880 N.Y.S.2d 523).

MASTRO, J.P., ENG, BELEN and AUSTIN, JJ., concur.