People v. Smith, 2013-02187, Ind. No. 293/12.

• Decision Date: 28 January 2015
• Docket Number: 2013-02187, Ind. No. 293/12.
• Parties: The PEOPLE, etc., respondent, v. Charles SMITH, appellant.
• Court: New York Supreme Court — Appellate Division

124 A.D.3d 918

998 N.Y.S.2d 906 (Mem)

2015 N.Y. Slip Op. 00791

The PEOPLE, etc., respondent

v.Charles SMITH, appellant.

2013-02187, Ind. No. 293/12.

Supreme Court, Appellate Division, Second Department, New York.

Jan. 28, 2015.

Lynn W.L. Fahey, New York, N.Y. (Craig A. Stewart of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Nicoletta J. Caferri, and William H. Branigan of counsel; Gina Chiappetta on the brief), for respondent.

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 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), 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 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ). 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 N.Y.2d 214, 220, 538 N.Y.S.2d 788, 535 N.E.2d 1328 ; People v. Mitchell, 59 A.D.3d 739, 740, 874 N.Y.S.2d 226 ; People v. Barrett, 247 A.D.2d 626, 626–627, 669 N.Y.S.2d 244 ; People v. Washington, 229 A.D.2d 601, 601–602, 646 N.Y.S.2d 39 ; People v. Haney, 162 A.D.2d 613, 613–614, 556 N.Y.S.2d 939 ).

ENG, P.J., DILLON, CHAMBERS and DUFFY, JJ., concur.