Opinion
October 5, 1990
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Dillon, P.J., Callahan, Green, Pine and Balio, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of robbery in the third degree, defendant contends that the proof was legally insufficient and that the verdict was against the weight of the evidence. We disagree. The complainant testified that defendant placed what complainant believed was a knife at complainant's throat and that defendant threatened to "stick" him if he did not comply. He also testified that three rings were stolen from him. The jury was entitled to credit the complainant's version of the incident, even though the rings were not recovered (see, e.g., People v. Scunziano, 140 A.D.2d 645; see generally, People v. Bleakley, 69 N.Y.2d 490, 495).
We have examined defendant's remaining argument on appeal and find it lacking in merit.