People v. Williams

187 A.D.2d 266, 590 N.Y.S.2d 409, 1992 N.Y. App. Div. LEXIS 12667

Opinion

Judgment, Supreme Court, Bronx County (Stephen Lloyd Barrett, J.), rendered January 26, 1990, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 4 Vs to 13 years, unanimously affirmed.

Contrary to defendant’s contention, the evidence, viewed in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), proved defendant’s guilt of robbery in the first degree beyond a reasonable doubt. The complainant’s testimony that defendant placed his hand in his pocket, made a pulling motion, and stated that the complainant would not get hurt if he handed over his chains established that defendant consciously displayed something that could reasonably be perceived as a firearm (People v Lopez, 73 NY2d 214). Concur — Sullivan, J. P., Milonas, Rosenberger, Ross and Asch, JJ.