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PEOPLE v. WASHINGTON

229 A.D.2d 601 (1996)

646 N.Y.S.2d 39

The People of the State of New York, Respondent, v. Alvin Washington, Appellant

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

July 29, 1996

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the evidence was legally sufficient to establish beyond a reasonable doubt that he displayed what appeared to be a gun during the robbery. The element of display is satisfied when the evidence establishes that the defendant consciously displayed something that could reasonably be perceived as a firearm, with the intent of taking property, and the victim actually perceived the display

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