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PEOPLE v. WILLIAMS

216 A.D.2d 211 (1995)

629 N.Y.S.2d 230

The People of the State of New York, Respondent, v. Mike Williams, Also Known as Andrew Chisolm, Also Known as Thomas Chisolm, Appellant

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

June 29, 1995

Defendant's contention that a reasonable person could not have thought that the portion of the umbrella displayed during the robbery was the barrel of a gun is without merit. The display element under Penal Law § 160.10 (2) (b) is satisfied when it is shown that the defendant consciously displayed something that could reasonably be perceived as a firearm with the intent of forcibly taking property, and when it appeared to...

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