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PEOPLE v. COOPER

4 A.D.3d 140 (2004)

771 N.Y.S.2d 348

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADOLPHUS COOPER, Appellant.

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

February 10, 2004.

There is no reason to disturb the jury's rejection of defendant's affirmative defense (Penal Law § 160.15 [4]) that the item he displayed was actually a toy. The jury properly discredited those portions of defendant's statements to the police that supported this defense (see People v Gaimari, 176 N.Y. 84, 94 [1903]).

With respect to the 12th count of the indictment, in which defendant entered an unlocked and otherwise unsecured vestibule

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