Opinion
6907 Ind. 1958/14
06-19-2018
The PEOPLE of the State of New York, Respondent, v. Johnnie KELLEY, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Denise M. Fabiano of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Aaron Zucker of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Denise M. Fabiano of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Aaron Zucker of counsel), for respondent.
Friedman, J.P., Sweeny, Webber, Kahn, Oing, JJ.
Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered November 5, 2014, convicting defendant, after a jury trial, of robbery in the second degree and grand larceny in the fourth degree, and sentencing her to an aggregate term of 3½ years, unanimously affirmed.
We find defendant's challenges to the sufficiency and weight of the evidence supporting her robbery conviction to be unavailing (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The sequence of events, viewed in its entirety, supports inferences that defendant and two men demanded money from, followed, surrounded, and intimidated the victim, and that defendant thus took the victim's wallet by the implied threat of force (see e. g. People v. Spencer, 255 A.D.2d 167, 680 N.Y.S.2d 225 [1st Dept. 1998], lv denied 93 N.Y.2d 879, 689 N.Y.S.2d 441, 711 N.E.2d 655 [1999] ), while aided by at least one other person actually present (see e. g. People v. Black, 121 A.D.3d 544, 993 N.Y.S.2d 890 [1st Dept. 2014], lv denied 24 N.Y.3d 1118, 3 N.Y.S.3d 759, 27 N.E.3d 473 [2015] ).