| People v Tejada |
| 2018 NY Slip Op 00801 [158 AD3d 443] |
| February 6, 2018 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Luis Tejada, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (David A. Crow of counsel), andCahill Gordon & Reindel LLP, New York (Vincent C. Papa of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Robert A. Sackett, J.), rendered July 23, 2014,convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to aterm of five years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of theevidence (see People v Danielson, 9NY3d 342, 348-349 [2007]). The jury could have reasonably concluded that defendant'sdisplay of a knife, in conjunction with his demand for the victim's purse and immediate flightwith her property, constituted the threatened use of a dangerous instrument, because "there wasno reasonable explanation of defendant's conduct other than an implied threat to use the knife"(People v Sharma, 112 AD3d494, 495 [1st Dept 2013], lv denied 23 NY3d 1025 [2014]; see also People v Boisseau, 33 AD3d568 [1st Dept 2006], lv denied 8 NY3d 844 [2007]). Concur—Richter, J.P.,Mazzarelli, Webber, Kahn, Oing, JJ.