PEOPLE v. GARDNER


281 A.D.2d 558 (2001)

723 N.Y.S.2d 41

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH GARDNER, Appellant.

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

Decided March 19, 2001.


Ordered that the judgment is affirmed.

The complainant testified that the defendant pressed a round object, which she believed to be a gun, up against her rib area, and said, "Don't scream or I'll shoot you" or "Don't scream or I'll kill you." This evidence was sufficient to establish that the defendant displayed what appeared to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm within the meaning of Penal Law § 160.10 (2) (b) (see, People...

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