Majority
p. 953The People of the State of New York, Respondent, v Kevin Shero, Appellant. [725 NYS2d 782]
—Judgment unanimously affirmed. Memorandum: Defendant contends that the verdict convicting him of two counts of robbery in the first degree (Penal Law § 160.15 [4]) is against the weight of the evidence. That contention is without merit. It is well established that “[fintent may be inferred from conduct as well as the surrounding circumstances” (People v Steinberg, 79 NY2d 673 , 682; see, People v Smith, 79 NY2d 309 , 315). Here, defendant’s intent to rob the victims could be inferred from defendant’s conduct in wearing a ski mask and rummaging through the apartment while the victims were forced to lie on the ground,
p. 954
as well as from the surrounding circumstances, including the use of a gun by a codefendant and defendant’s flight with the codefendants (see generally, People v McDonald, 257 AD2d 695 , 696, lv denied 93 NY2d 876 ). (Appeal from Judgment of Monroe County Court, Dattilo, Jr., J. — Robbery, 1st Degree.) Present— Pigott, Jr., P. J., Pine, Wisner, Scudder and Burns, JJ.
Cases cited
- People v. Steinberg 79 NY2d 673 at 682 p. 953
- People v. Smith 79 NY2d 309 at 315 p. 953
- People v. McDonald 257 AD2d 695 at 696 p. 954