People v. Shaaban

• Decision Date: 31 January 2005
• Docket Number: 2003-04952.
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMEH SHAABAN, Appellant.
• Court: New York Supreme Court — Appellate Division

14 A.D.3d 721

789 N.Y.S.2d 240

2005 NY Slip Op 00593

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMEH SHAABAN, Appellant.

2003-04952.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 31, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered January 7, 2003, convicting him of robbery in the second degree, assault in the second degree, criminal possession of stolen property in the fifth degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that there was insufficient evidence to corroborate the accomplice testimony of the codefendant is unpreserved for appellate review, and, in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution (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]).

The defendant's remaining contentions either are without merit or are not properly before this Court.

Florio, J.P., Krausman, Goldstein and Mastro, JJ., concur.