People v Gerald Tillman

People v Tillman 2004 NY Slip Op 09317 [13 AD3d 471] December 13, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 23, 2005

The People of the State of New York, Respondent,
v
Gerald Tillman, Appellant.

—[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered February 7, 2003, convicting him of rape in the first degree and robbery in the second 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 [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 contention is without merit. Smith, J.P., Luciano, Crane and Rivera, JJ., concur.