People v. Smith

124 A.D.3d 918, 998 N.Y.S.2d 906

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 28, 2015
• Docket: 2013-02187
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered February 8, 2013, convicting him of attempted robbery in the first 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, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of attempted robbery in the first degree beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). The prosecution presented sufficient evidence establishing that the defendant displayed what appeared to be a firearm while attempting to commit a robbery at a check-cashing store (see Penal Law §§ 110.00, 160.15 [4]; People v Lopez, 73 NY2d 214, 220 [1989]; People v Mitchell, 59 AD3d 739, 740 [2009]; People v Barrett, 247 AD2d 626, 626-627 [1998]; People v Washington, 229 AD2d 601, 601-602 [1996]; People v Haney, 162 AD2d 613, 613-614 [1990]).

Eng, RJ., Dillon, Chambers and Duffy, JJ., concur.