People v. Wells

• Decision Date: 05 October 1990
• Citation: 166 A.D.2d 909,560 N.Y.S.2d 569
• Parties: PEOPLE of the State of New York, Respondent, v. Michael WELLS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 569

560 N.Y.S.2d 569

166 A.D.2d 909

PEOPLE of the State of New York, Respondent, v. Michael WELLS, Appellant.

Supreme Court, Appellate Division, Fourth Department.

Oct. 5, 1990.

Gerald T. Barth by Vivian Aquilina, Syracuse, for appellant.

Robert E. Wildridge by Lisa Sapino, Syracuse, for respondent.

Before DILLON, P.J., and CALLAHAN, GREEN, PINE and BALIO, JJ.

MEMORANDUM:

On appeal from a judgment convicting him of robbery in the third degree, defendant contends that the proof was legally insufficient and that the verdict was against the weight of the evidence. We disagree. The complainant testified that defendant placed what complainant believed was a knife at complainant's throat and that defendant threatened to "stick" him if he did not comply. He also testified that three rings were stolen from him. The jury was entitled to credit the complainant's version of the incident, even though the rings were not recovered (see, e.g., People v. Scunziano, 140 A.D.2d 645, 528 N.Y.S.2d 677; see generally, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).

We have examined defendant's remaining argument on appeal and find it lacking in merit.

Judgment unanimously affirmed.