Opinion
9961 Ind. 1188/17
10-01-2019
Steven N. Feinman, White Plains, for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Steven N. Feinman, White Plains, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered September 5, 2017, convicting defendant, after a jury trial, of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of one and one-half to three years, unanimously affirmed. The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The jury could have reasonably found that defendant's demands for money directed at a bank teller constituted an implied threat of force (see People v. Woods, 41 N.Y.2d 279, 282–283, 392 N.Y.S.2d 400, 360 N.E.2d 1082 [1977] ).