PEOPLE v. WELSH

3509, 2963/08.

80 A.D.3d 456 (2011)

914 N.Y.S.2d 148

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS WELSH, Appellant.

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

Decided January 11, 2011.


We reject defendant's contention that the evidence failed to establish that his conduct manifested the presence of a firearm. The requirement of Penal Law § 160.15 (4), that defendant "[d]isplay[] what appears to be a . . . firearm," was satisfied by the testimony describing the position taken by defendant, combined with words spoken by him.

The complainant was working, alone, behind the counter of a pizzeria when defendant walked up to the counter. The complainant...

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