People v. Phue

Appellate Division of the Supreme Court of New York

People v. Phue

290 A.D.2d 361, 736 N.Y.S.2d 590, 2002 N.Y. App. Div. LEXIS 519

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

DecidedJanuary 24, 2002

StatusPublished

Cited by1 cases

This text of 290 A.D.2d 361 (People v. Phue) 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. Phue, 290 A.D.2d 361, 736 N.Y.S.2d 590, 2002 N.Y. App. Div. LEXIS 519 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (William Wetzel, J.), rendered November 3, 1999, convicting defendant, after a jury trial, of four counts of attempted grand larceny in the second degree, [362]*362and sentencing him, as a second felony offender, to consecutive terms of 2V2 to 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence warranted a reasonable inference that defendant attempted to steal property from four separate merchants by instilling fear in them that their stores would be damaged if they did not pay protection money (Penal Law § 155.40 [2] [b]). The extortion statute may be satisfied by a threat conveyed through innuendo or suggestion (see, People v Dioguardi, 8 NY2d 260, 269-270).

We perceive no basis for a reduction of sentence. Concur— Nardelli, J.P., Tom, Sullivan, Ellerin and Rubin, JJ.

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Judgment, Supreme Court, New York County (William Wetzel, J.), rendered November 3, 1999, convicting defendant, after a jury trial, of four counts of attempted grand larceny in the second degree, [362]*362and sentencing him, as a second felony offender, to consecutive terms of 2V2 to 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence warranted a reasonable inference that defendant attempted to steal property from four separate merchants by instilling fear in them that their stores would be damaged if they did not pay protection money (Penal Law § 155.40 [2] [b]). The extortion statute may be satisfied by a threat conveyed through innuendo or suggestion (see, People v Dioguardi, 8 NY2d 260, 269-270).

We perceive no basis for a reduction of sentence. Concur— Nardelli, J.P., Tom, Sullivan, Ellerin and Rubin, JJ.

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Bluebook (online)

290 A.D.2d 361, 736 N.Y.S.2d 590, 2002 N.Y. App. Div. LEXIS 519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phue-nyappdiv-2002.

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