Opinion
June 7, 1991
Appeal from the Monroe County Court, Maloy, J.
Present — Dillon, P.J., Doerr, Lawton, Lowery and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the People failed to establish that he had displayed what appeared to be a firearm while committing a robbery. Viewed in the light most favorable to the People, the evidence showed that defendant entered a restaurant and handed a note to the victim informing her that he had a gun, that, throughout the confrontation, he kept his right hand in his jacket pocket suggesting that he had a gun, and that the victim believed that he had a gun. Under these circumstances, the evidence was sufficient to convict defendant of robbery in the second degree (see, People v Watts, 151 A.D.2d 307, lv denied 74 N.Y.2d 821; People v Knowles, 79 A.D.2d 116; see also, Penal Law § 160.10 [b]; People v Lopez, 73 N.Y.2d 214, 222, n 2; People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932; People v Suarez, 157 A.D.2d 757).
We have examined defendant's other contention and find it to be without merit.