PEOPLE v. KYPRI

2015-03881, Ind. No. 2556/13.

2017 NY Slip Op 03017

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL KYPRI, Appellant.

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


Attorney(s) appearing for the Case

Lynn W. L. Fahey , New York, NY ( Erin Tomlinson of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , Merri Turk Lasky , and John F. McGoldrick of counsel), for respondent.

Before: Cheryl E. Chambers, J.P., L. Priscilla Hall, Joseph J. Maltese, Valerie Brathwaite Nelson, JJ.


Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered April 13, 2015, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

DECISION & ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of robbery in the first degree and robbery in the second degree beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt on those counts was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348; People v Romero, 7 N.Y.3d 633). The defendant's contention that the verdict was inconsistent and, thus, against the weight of the evidence, is without merit (cf. People v Lindsey, 52 A.D.3d 527).

CHAMBERS, J.P., HALL, MALTESE and BRATHWAITE NELSON, JJ., concur.


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