PEOPLE v. GREEN (1999)

Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered April 24, 1996, convicting defendant, after a jury trial, of six counts of robbery in the second degree and one count of attempted robbery in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 91/212 to 19 years, unanimously affirmed.

Contrary to defendant's argument, his conviction of attempted robbery in the second degree was not against the weight of the evidence.   The record establishes that defendant, after announcing a hold up and removing money and jewelry from other passengers in the subway car, approached the victim in question and told him to empty his pockets.   When this victim began to walk to the next car, defendant, whose companion was armed with a gun, ordered the victim to stop and not go anywhere.   This conduct on the part of defendant tended to effectuate the crime of robbery and the fact that the victim was able to escape did not change defendant's robbery attempt into an abandonment of defendant's ultimate purpose (People v. Bracey, 41 N.Y.2d 296, 392 N.Y.S.2d 412, 360 N.E.2d 1094).

Defendant's challenge to the admissibility of his statement is academic because the statement was not used in any manner at trial.   In any event, the statement was not obtained in violation of defendant's right to counsel.

MEMORANDUM DECISION.