Opinion
November 5, 1992
Appeal from the Supreme Court, Bronx County (Stephen Lloyd Barrett, J.).
Contrary to defendant's contention, the evidence, viewed in the light most favorable to the People (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), proved defendant's guilt of robbery in the first degree beyond a reasonable doubt. The complainant's testimony that defendant placed his hand in his pocket, made a pulling motion, and stated that the complainant would not get hurt if he handed over his chains established that defendant consciously displayed something that could reasonably be perceived as a firearm (People v Lopez, 73 N.Y.2d 214).
Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Asch, JJ.