Opinion
October 28, 1997
Appeal from Supreme Court, New York County (Michael Corriero, J.). count of grand larceny in the third degree and one count of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 7 1/2 to 16 years, 7 1/2 to 15 years, 3 1/2 to 7 years, and 2 to 4 years, respectively, unanimously affirmed.
The verdict was based on legally sufficient evidence. There was ample objective evidence for the jury to find that defendant caused the victim physical injury ( see, Matter of Philip A., 49 N.Y.2d 198) during the course of the robbery. The People also proved that defendant displayed what "could reasonably lead the victim to believe that a gun [was] being used during the robbery." ( People v. Lopez, 73 N.Y.2d 214, 220.)
Concur — Ellerin, J.P., Rubin, Tom, Mazzarelli, and Andrias, JJ.