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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE SMITH, Appellant.

Ordered that the judgment is affirmed.

The evidence adduced at trial was sufficient as a matter of law to support the defendant's conviction of robbery in the second degree (Penal Law § 160.10; see, People v. Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the defendant's guilt was proven beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15). Clearly, the jury chose not to credit the defendant's testimony and reconciled the inconsistencies in the testimony of the People's witnesses. We see no reason to disturb the jury's verdict.

Having failed to register his objections to the court's charge at trial, the defendant has not preserved his claims for appellate review (see, People v. Chin, 67 N.Y.2d 22; CPL 470.05). In any event, the charge was fair and proper (see, People v. Saunders, 64 N.Y.2d 665, on remand 112 A.D.2d 1051; People v Demming, 116 A.D.2d 886, lv denied 67 N.Y.2d 941). Mangano, J.P., Thompson, Lawrence and Kunzeman, JJ., concur.

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PEOPLE v. SMITH
(Nov 16, 1987)