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PEOPLE v. MARCANO

248 A.D.2d 157 (1998)

670 N.Y.S.2d 759

The People of the State of New York, Respondent, v. James Marcano, Appellant

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

March 5, 1998

Defendant's conviction of robbery in the first degree was supported by legally sufficient evidence, including testimony by the victim and police witnesses that, after threatening to shoot the complainant, defendant picked up a rock of substantial size and held it in his outstretched hand while the complainant relinquished his property. The jury could have reasonably concluded that this conduct constituted an implied threat to use...

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