Opinion
Filed May 2, 2001.
Appeal from Judgment of Monroe County Court, Dattilo, Jr., J. — Robbery, 1st Degree.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that the verdict convicting him of two counts of robbery in the first degree (Penal Law § 160.15) is against the weight of the evidence. That contention is without merit. It is well established that "[i]ntent may be inferred from conduct as well as the surrounding circumstances" ( People v. Steinberg, 79 N.Y.2d 673, 682; see, People v. Smith, 79 N.Y.2d 309, 315). Here, defendant's intent to rob the victims could be inferred from defendant's conduct in wearing a ski mask and rummaging through the apartment while the victims were forced to lie on the ground, as well as from the surrounding circumstances, including the use of a gun by a codefendant and defendant's flight with the codefendants ( see generally, People v. McDonald, 257 A.D.2d 695, 696, lv denied 93 N.Y.2d 876).