Opinion
June 12, 1990
Appeal from the Supreme Court, Bronx County, Edward Davidowitz, J.
On November 27, 1987, defendant threatened the complainant with a knife and repeatedly demanded her car keys. A struggle ensued and the defendant punched complainant in the mouth. Defendant entered the complainant's car, sat in the driver's seat, and attempted to drive away. Two police officers witnessed the attack and arrested the defendant while he was still in the car. The complainant's car keys were retrieved from the defendant's pocket following his arrest.
The defendant argues that he did not intend to permanently deprive the complainant of her property (Penal Law § 160.00) and that the specific intent necessary to convict him of the crime of attempted robbery was not proven beyond a reasonable doubt.
We disagree. Intent can be "`inferred from the defendant's conduct and the surrounding circumstances'". (People v. Bracey, 41 N.Y.2d 296, 301, rearg denied 41 N.Y.2d 1010, quoting La Fave Scott, Criminal Law § 59, at 429, n 80.) The defendant was seen stalking complainant's vehicle, struck complainant, repeatedly demanded her car keys, and was apprehended behind the driver's seat with the car keys in his possession. The jury reasonably concluded that this conduct by the defendant evinced an intent to permanently deprive the complainant of her property. (See, People v. Jennings, 69 N.Y.2d 103, 118-119.)
Concur — Murphy, P.J., Carro, Asch, Ellerin and Smith, JJ.