People v. Pegues

Appellate Division of the Supreme Court of New York

People v. Pegues

239 A.D.2d 282, 658 N.Y.S.2d 845, 1997 N.Y. App. Div. LEXIS 5438

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 22, 1997

StatusPublished

This text of 239 A.D.2d 282 (People v. Pegues) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Pegues, 239 A.D.2d 282, 658 N.Y.S.2d 845, 1997 N.Y. App. Div. LEXIS 5438 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered September 15,1993, convicting defendant, after a nonjury trial, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 21/2 to 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence. There was ample evidence that defendant, while actually present at the crime scene, was " 'ready, willing or able to aid * * * in the forcible stealing’ ” (People v Wright, 189 AD2d 612, 613, lv denied 81 NY2d 1022). Although defendant did not actually enter the store, he forcibly detained a security guard immediately outside the store until defendant’s accomplice [283]*283emerged with the stolen money. By detaining the guard in this manner, defendant prevented him from thwarting the robbery. We likewise reject defendant’s contention that the verdict was against the weight of the evidence. Concur—Rosenberger, J. P., Wallach, Rubin, Williams and Andrias, JJ.

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Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered September 15,1993, convicting defendant, after a nonjury trial, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 21/2 to 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence. There was ample evidence that defendant, while actually present at the crime scene, was " 'ready, willing or able to aid * * * in the forcible stealing’ ” (People v Wright, 189 AD2d 612, 613, lv denied 81 NY2d 1022). Although defendant did not actually enter the store, he forcibly detained a security guard immediately outside the store until defendant’s accomplice [283]*283emerged with the stolen money. By detaining the guard in this manner, defendant prevented him from thwarting the robbery. We likewise reject defendant’s contention that the verdict was against the weight of the evidence. Concur—Rosenberger, J. P., Wallach, Rubin, Williams and Andrias, JJ.

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Bluebook (online)

239 A.D.2d 282, 658 N.Y.S.2d 845, 1997 N.Y. App. Div. LEXIS 5438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pegues-nyappdiv-1997.

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