Opinion
615 Ind. No. 169/16 Case No.2017–02379
09-26-2023
The PEOPLE of the State of New York, Respondent, v. Barry HAMADOU, Defendant–Appellant.
Mark W. Zeno, New York (Megan D. Byrne of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Mark W. Zeno, New York (Megan D. Byrne of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.
Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered February 28, 2017, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a prison term of six years to be followed by five years of postrelease supervision, unanimously affirmed.
The verdict 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]; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). The People proved the element of "displays what appears to be a ... firearm" ( Penal Law § 160.10[2][b] ) by presenting evidence that defendant placed his hand in his pocket and pointed it at the complainant, demanding that she give him money. This evidence established that defendant displayed something that could reasonably be perceived as a firearm, and that the complainant believed that defendant was threatening her with a firearm (see People v. Lopez, 73 N.Y.2d 214, 220, 538 N.Y.S.2d 788, 535 N.E.2d 1328 [1989] ; People v. Baskerville, 60 N.Y.2d 374, 381, 469 N.Y.S.2d 646, 457 N.E.2d 752 [1983] ; People v. Smith, 77 A.D.3d 564, 565, 909 N.Y.S.2d 70 [1st Dept. 2010], lv denied 16 N.Y.3d 837, 921 N.Y.S.2d 201, 946 N.E.2d 189 [2011] ).
We perceive no basis for reducing the sentence.