Majority
Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered March 16, 1993, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of to 9 years, unanimously affirmed.
The trial record shows that the court carefully evaluated defendant’s request for new counsel after jury selection had commenced and properly rejected it (see, People v Sides, 75 NY2d 822 , 824). The People established that defendant displayed what appeared to be a weapon (see, People v Lopez, 73 NY2d 214 , 222), by placing his hand inside an envelope and pointing it at the victim while simultaneously telling the victim to respond to his demand or get shot (see, People v Wells, 221 AD2d 281 ). We perceive no abuse of discretion in sentencing. Concur—Sullivan, J. P., Rosenberger, Wallach, Kupferman and Williams, JJ.
Cases cited
- People v. Sides 75 NY2d 822 at 824 p. 150
- People v. Lopez 73 NY2d 214 at 222 p. 150