Opinion
525
March 18, 2003.
Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered December 5, 2001, convicting defendant, after a jury trial, of three counts of attempted robbery in the second degree, and sentencing her, as a second felony offender, to concurrent terms of 5 years, unanimously affirmed.
Dana Poole, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Tom, J.P., Saxe, Rosenberger, Lerner, Marlow, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). The evidence clearly established beyond a reasonable doubt defendant's participation in these attempted robberies, where she and a companion entered a subway car and approached potential victims. In each instance, defendant's companion made demands of the victim as defendant positioned herself in a manner that warranted the inference that she was trying to intimidate the victim in aid of the robbery. During one of the attempted robberies, defendant joined her accomplice in a physical attack on the victim in an obvious violent act done with the intent to participate in the robbery attempt. In this incident, the victim suffered substantial pain that lasted for several days and satisfied the element of physical injury (see Penal Law § 160.10[a]; People v. Guidice, 83 N.Y.2d 630, 636).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.