Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 21, 2002, upon a verdict convicting defendant of the crimes of robbery in the first degree and grand larceny in the third degree.
Defendant was indicted and charged with robbery in the first degree and grand larceny in the third degree. Following a jury trial, defendant was convicted as charged and sentenced to concurrent prison terms of seven years for the robbery conviction and an indeterminate term of imprisonment of 2 to 6 years for the grand larceny conviction. Defendant now appeals.
Initially, defendant contends that the evidence presented at trial was legally insufficient to sustain the underlying convic
Turning first to defendant’s contention that the evidence concerning her identification was legally insufficient, we note that defendant did not move for dismissal on that ground at the close of the People’s case and, thus, has not preserved this issue for appellate review (see People v Pinder,
We similarly reject defendant’s contention that the evidence introduced at trial was legally insufficient to demonstrate that she displayed what appeared to be a pistol, revolver, rifle, shotgun, machine gun or other firearm (see Penal Law § 160.15). The case law makes plain that the People must demonstrate that defendant displayed something that could reasonably be perceived as a firearm and that the victim indeed perceived such display (see People v Lopez,
Finally, upon weighing the relevant probative force of the testimony and the strength of the inferences that may be drawn
Peters, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.
