Opinion
38
January 24, 2002
Judgment, Supreme Court, New York County (William Wetzel, J.), rendered November 3, 1999, convicting defendant, after a jury trial, of four counts of attempted grand larceny in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 2½ to 5 years, unanimously affirmed
DEBORAH L. MORSE, for Respondent,
TERENCE J. SWEENEY, for Defendant-Appellant
Before: Nardelli, J.P., Tom, Sullivan, Ellerin, Rubin, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence warranted a reasonable inference that defendant attempted to steal property from four separate merchants by instilling fear in them that their stores would be damaged if they did not pay protection money (Penal Law § 155.40[b]). The extortion statute may be satisfied by a threat conveyed through innuendo or suggestion.
(see, People v. Dioguardi, 8 N.Y.2d 260, 269-270).
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.