PEOPLE v. SHERO (2001)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Kevin SHERO, Defendant-Appellant.

Decided: May 02, 2001

PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER and BURNS, JJ.

Stephen J. Bird, for defendant-appellant. Wendy Evans Lehmann, for plaintiff-respondent.

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 “[i]ntent may be inferred from conduct as well as the surrounding circumstances” (People v. Steinberg, 79 N.Y.2d 673, 682, 584 N.Y.S.2d 770, 595 N.E.2d 845; see, People v. Smith, 79 N.Y.2d 309, 315, 582 N.Y.S.2d 946, 591 N.E.2d 1132). 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 A.D.2d 695, 696, 684 N.Y.S.2d 646, lv. denied 93 N.Y.2d 876, 689 N.Y.S.2d 438, 711 N.E.2d 652).

MEMORANDUM:

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