People v. Kypri

People v Kypri (2017 NY Slip Op 03017) People v Kypri 2017 NY Slip Op 03017 Decided on April 19, 2017 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on April 19, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department CHERYL E. CHAMBERS, J.P. L. PRISCILLA HALL JOSEPH J. MALTESE VALERIE BRATHWAITE NELSON, JJ. 2015-03881 (Ind. No. 2556/13) [*1]The People of the State of New York, respondent, v Michael Kypri, appellant. 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. DECISION & ORDER 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. ORDERED that the judgment is affirmed. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 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 NY3d 342, 348; People v Romero, 7 NY3d 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 AD3d 527). CHAMBERS, J.P., HALL, MALTESE and BRATHWAITE NELSON, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court