Opinion
11763 Ind. 509/16
07-02-2020
The PEOPLE of the State of New York, Respondent, v. Leroy WILLIAMS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Emilia King–Musza of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Emilia King–Musza of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.
Manzanet–Daniels, J.P., Gische, Kern, Oing, Gonza´lez, JJ.
Judgment, Supreme Court, New York County (Neil E. Ross, J. at dismissal motion; Michael J. Obus, J. at jury trial and sentencing), rendered May 10, 2018, convicting defendant of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The sequence of events, viewed in its entirety, supports the conclusion that defendant intentionally aided three other men in an attempt to rob the victim (see Penal Law § 20.00 ; People v. Kelley, 162 A.D.3d 524, 75 N.Y.S.3d 417 [1st Dept. 2018], lv denied 32 N.Y.3d 938, 84 N.Y.S.3d 865, 109 N.E.3d 1165 [2018] ). Among other things, defendant, in the victim's words, "advised" him to surrender his money to defendant's more aggressive companions. The jury could have reasonably interpreted this as a thinly veiled threat, and could reasonably have concluded that defendant was merely playing the role of "good robber" while his companions acted as the "bad robbers." Furthermore, defendant helped his companions scare away two passersby who sought to intervene.
Defendant's claim that his initial attorney rendered ineffective assistance by failing to effectuate his client's desire to testify before the grand jury is unavailing (see People v. Simmons, 10 N.Y.3d 946, 949, 862 N.Y.S.2d 852, 893 N.E.2d 130 [2008] ; People v. Wiggins, 89 N.Y.2d 872, 653 N.Y.S.2d 91, 675 N.E.2d 845 [1996] ).