United States Second Circuit

In a criminal case stemming from defendant's plot to extort money from Home Depot by placing a device purporting to be an inert 'model' of a pipe bomb in the Huntington Station Home Depot and threatening to plant bombs in other Home Depot stores, conviction of extortion, 18 U.S.C. section 1951, and use of a destructive device to commit extortion, 18 U.S.C. section 924(c)(1)(B)(ii), is affirmed where the evidence was sufficient to establish that the device planted in the Home Depot was an explosive bomb, that the jury instructions on the alternative theory of guilt were not prejudicially erroneous, and that the prosecutor’s summation does not entitle defendant to a new trial.

Appellate Information

• Published 2016/09/23

Judges

• LYNCH

Court

• United States Second Circuit

Counsel