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People v TejadaPeople v Tejada

Appellate Division of the Supreme Court, First Department
Feb 6, 2018
5615 1141/12
Versions:158 AD3d 443
2018 NY Slip Op 00801

Seymour W. James, Jr., The Legal Aid Society, New York (David A. Crow of counsel), and Cahill Gordon & Reindel LLP, New York (Vincent C. Papa of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Robert A. Sackett, J.), rendered July 23, 2014, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of five 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 NY3d 342, 348-349 [2007]). The jury could have reasonably concluded that defendant‘s display of a knife, in conjunction with his demand for the victim‘s purse and immediate flight with her property, constituted the threatened use of a dangerous instrument, because “there was no reasonable explanation of defendant‘s conduct other than an implied threat to use the knife” (People v Sharma, 112 AD3d 494, 495 [1st Dept 2013], lv denied 23 NY3d 1025 [2014]; see also People v Boisseau, 33 AD3d 568 [1st Dept 2006], lv denied 8 NY3d 844 [2007]). Concur—Richter, J.P., Mazzarelli, Webber, Kahn, Oing, JJ.

Case Details

Case Name: People v Tejada
Court Name: Appellate Division of the Supreme Court, First Department
Date Published: Feb 6, 2018
Citations: 158 AD3d 443; 2018 NY Slip Op 00801; 5615 1141/12
Docket Number: 5615 1141/12
Court Abbreviation: N.Y. App. Div. 1st
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