From Casetext: Smarter Legal Research

People v. Stanback

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1986
122 A.D.2d 818 (N.Y. App. Div. 1986)

Opinion

August 4, 1986

Appeal from the County Court, Suffolk County (Copertino, J.).


Judgment affirmed.

Among the defendant's arguments on appeal is his contention that the People failed to prove his guilt of the crime of attempted robbery in the third degree. We find, however, that, viewed in a light most favorable to the People, the evidence establishes both that the defendant intended to forcibly steal property from the victim, and that he engaged in conduct which "tend[ed] to effect the commission of" the robbery (see, Penal Law § 110.00). The courts have repeatedly upheld convictions for attempted robbery where, as in the case under review, the defendant was apprehended before having had chance to seize the victim's property (see, e.g., People v Bracey, 41 N.Y.2d 296; People v Reddy, 108 A.D.2d 945; People v Eddy, 95 A.D.2d 956; People v Witkowski, 90 A.D.2d 723). We have examined the defendant's remaining contentions and find them to be without merit. Lazer, J.P., Mangano, Brown and Weinstein, JJ., concur.


Summaries of

People v. Stanback

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1986
122 A.D.2d 818 (N.Y. App. Div. 1986)
Case details for

People v. Stanback

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS MAURICE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 4, 1986

Citations

122 A.D.2d 818 (N.Y. App. Div. 1986)