PEOPLE v. EMMONS (2008)

Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [3] ).   Contrary to the contention of defendant, the evidence, viewed in the light most favorable to the People (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), is legally sufficient to establish that he had the intent “to permanently deprive the victim of property by compelling the victim to give up property or quashing any resistance to that act” (People v. Miller, 87 N.Y.2d 211, 217, 638 N.Y.S.2d 577, 661 N.E.2d 1358;  see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Also contrary to defendant's contention, the verdict is not against the weight of the evidence with respect to the element of intent (see generally Bleakley, 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   The sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: