People v Santos
2003 NY Slip Op 18501 [1 AD3d 540]
November 17, 2003
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 28, 2004


The People of the State of New York, Respondent,
v
Alfredo Santos, Appellant.

—Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered January 11, 2002, convicting him of robbery in the first degree, robbery in the second degree, criminal possession of a weapon in the third degree, criminal possession of stolen property in the fourth degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to establish his guilt of robbery in the first and second degrees beyond a reasonable doubt because there was insufficient evidence that he used force to prevent or overcome resistance to the taking of property or to the retention thereof immediately after the taking, or that he was aided by another person actually present. The defendant has failed to preserve such contentions for appellate review, since he did not specify these grounds in his motion to dismiss at trial (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). In any event, 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.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions are without merit. Santucci, J.P., McGinity, Schmidt and Adams, JJ., concur.