Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Kevin Shero, Appellant
283 A.D.2d 953725 N.Y.S.2d 782·New York Supreme Court, Appellate Division·2001·NY
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Opinion
The People of the State of New York, Respondent, v Kevin Shero, Appellant.
[725 NYS2d 782]
[MAJORITY]
—Judgment unanimously affirmed. Memorandum: Defendant contends that the verdict convicting him of two counts of robbery in the first degree (Penal Law § 160.15 [4]) is against the weight of the evidence. That contention is without merit. It is well established that “[fintent may be inferred from conduct as well as the surrounding circumstances” (People v Steinberg, 79 NY2d 673, 682; see, People v Smith, 79 NY2d 309, 315). Here, defendant’s intent to rob the victims could be inferred from defendant’s conduct in wearing a ski mask and rummaging through the apartment while the victims were forced to lie on the ground, as well as from the surrounding circumstances, including the use of a gun by a codefendant and defendant’s flight with the codefendants (see generally, People v McDonald, 257 AD2d 695, 696, lv denied 93 NY2d 876). (Appeal from Judgment of Monroe County Court, Dattilo, Jr., J. — Robbery, 1st Degree.) Present— Pigott, Jr., P. J., Pine, Wisner, Scudder and Burns, JJ.