PEOPLE v. PHUE


290 A.D.2d 361 (2002)

736 N.Y.S.2d 590

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANG PHUE, Appellant.

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

Decided January 24, 2002.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence warranted a reasonable inference that defendant attempted to steal property from four separate merchants by instilling fear in them that their stores would be damaged if they did not pay protection money (Penal Law § 155.40 [2] [b]). The extortion statute may be satisfied by a threat conveyed through innuendo or suggestion (see, People v Dioguardi,

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