PEOPLE v. THOMPSON

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. The credible evidence warranted a reasonable inference that the unapprehended participant in the crime had taken his knife halfway out of his pocket as a means of displaying it for the purpose of intimidating the victims. Therefore, the evidence established the element of threatened use of a dangerous instrument (Penal Law § 160.15) for purposes of robbery in the first degree (see, People v. DiGirolamo, 108 A.D.2d 755, lv denied 64 N.Y.2d 1133). We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.