The People failed to establish an essential element of robbery in the first degree, i.e., that defendant "[d]isplays what appears to be a * * * firearm" (Penal Law § 160.15) to the victim. While there was evidence from a non-victim witness that one of the two defendants stood nearby with his hand in his jacket gesturing in a manner from which it could be inferred he had a gun, the victim, although specifically asked at trial, never indicated that he saw such a display. In the appropriate case, of course, other witnesses can supply the requisite testimony that the victim observed the display (see, e.g., People v. Green, 143 A.D.2d 144, lv denied 72 N.Y.2d 1045). Here, however, the proof on this point was clearly insufficient. This record fails to disclose any evidence that the victim, in this fast paced encounter, saw, felt or, in any way, was aware of the display of a firearm.
Accordingly, we modify to reverse the defendant's conviction on this count and vacate the sentence imposed thereon.
Concur — Sullivan, J.P., Wallach, Kupferman, Asch and Tom, JJ.