People v. Snow

Appellate Division of the Supreme Court of New York

People v. Snow

303 A.D.2d 255, 755 N.Y.S.2d 839, 2003 N.Y. App. Div. LEXIS 2739

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

DecidedMarch 18, 2003

StatusPublished

Cited by3 cases

This text of 303 A.D.2d 255 (People v. Snow) 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. Snow, 303 A.D.2d 255, 755 N.Y.S.2d 839, 2003 N.Y. App. Div. LEXIS 2739 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered December 5, 2001, convicting defendant, after a jury trial, of three counts of attempted robbery in the second degree, and sentencing her, as a second felony offender, to concurrent terms of five years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490 [1987]). The evidence clearly established beyond a reasonable doubt defendant’s participation in these attempted robberies, where she and a companion entered a subway car and approached potential victims. In each instance, defendant’s companion made demands of the victim as defendant positioned herself in a manner that warranted the inference that she was trying to intimidate the victim in aid of the robbery. During [256]*256one of the attempted robberies, defendant joined her accomplice in a physical attack on the victim in an obvious violent act done with the intent to participate in the robbery attempt. In this incident, the victim suffered substantial pain that lasted for several days and satisfied the element of physical injury (see Penal Law § 160.10 [2] [a]; People v Guidice, 83 NY2d 630, 636 [1994]).

We perceive no basis for reducing the sentence. Concur— Tom, J.P., Saxe, Rosenberger, Lerner and Marlow, JJ.

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Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered December 5, 2001, convicting defendant, after a jury trial, of three counts of attempted robbery in the second degree, and sentencing her, as a second felony offender, to concurrent terms of five years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490 [1987]). The evidence clearly established beyond a reasonable doubt defendant’s participation in these attempted robberies, where she and a companion entered a subway car and approached potential victims. In each instance, defendant’s companion made demands of the victim as defendant positioned herself in a manner that warranted the inference that she was trying to intimidate the victim in aid of the robbery. During [256]*256one of the attempted robberies, defendant joined her accomplice in a physical attack on the victim in an obvious violent act done with the intent to participate in the robbery attempt. In this incident, the victim suffered substantial pain that lasted for several days and satisfied the element of physical injury (see Penal Law § 160.10 [2] [a]; People v Guidice, 83 NY2d 630, 636 [1994]).

We perceive no basis for reducing the sentence. Concur— Tom, J.P., Saxe, Rosenberger, Lerner and Marlow, JJ.

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Bluebook (online)

303 A.D.2d 255, 755 N.Y.S.2d 839, 2003 N.Y. App. Div. LEXIS 2739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-snow-nyappdiv-2003.

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