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PEOPLE v. LAWRENCE

124 A.D.2d 597 (1986)

The People of the State of New York, Respondent, v. Kenneth Lawrence, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 3, 1986

Ordered that the judgment is affirmed.

The defendant challenges the sufficiency of the evidence adduced at trial to establish his guilt of robbery in the first degree. In order to prove the defendant's guilt of this crime, the People were required to prove that the defendant actually used an instrument during the crime which was "readily capable of causing death or other serious physical injury" (Penal Law § 10.00 [13]; People v Pena,

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