People v. Henry

• Decision Date: 19 May 1994
• Parties: The PEOPLE of the State of New York, Respondent, v. Thomas HENRY, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 127

612 N.Y.S.2d 127

204 A.D.2d 187

The PEOPLE of the State of New York, Respondent, v. Thomas HENRY, Defendant-Appellant.

Supreme Court, Appellate Division,

First Department.

May 19, 1994.

Before CARRO, J.P., and ROSENBERGER, WALLACH, KUPFERMAN and TOM, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Richard C. Failla, J.), rendered September 24, 1990, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him to a term of 2 1/2 to 5 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, 476 N.Y.S.2d 825, 465 N.E.2d 364, cert. denied 469 U.S. 932, 105 S.Ct. 327, 83 L.Ed.2d 264), the evidence adduced at trial established the elements of the crime charged. After defendant took complainant's gold chain, he threatened to punch complainant in the face (Penal Law § 160.05).

The trial court properly instructed the jury as to flight where the evidence showed that defendant attempted to flee when approached by security guards (see, People v. Jamison, 173 A.D.2d 341, 342, 569 N.Y.S.2d 709, lv. denied 78 N.Y.2d 955, 573 N.Y.S.2d 651, 578 N.E.2d 449). Finally, the trial court did not improperly marshall the evidence (see, People v. Rivera, 183 A.D.2d 420, 421, 584 N.Y.S.2d 1, lv. denied 80 N.Y.2d 933, 589 N.Y.S.2d 861, 603 N.E.2d 966).