People v. Smith

After a jury trial, Defendant was convicted of attempted robbery in the first degree. At issue on appeal was whether the evidence was legally sufficient to establish that Defendant’s conduct amounted to displaying what appeared to be a firearm. The Appellate Division affirmed. The Court of Appeals also affirmed, holding that the jury could have found beyond a reasonable doubt that, under all the circumstances, Defendant’s conduct could reasonably have led the victim to believe that a gun was being used during the robbery, and therefore, the evidence was sufficient to support the conviction. View "People v. Smith" on Justia Law