Summary
The New York Court of Appeals affirmed Jafari Lamont's convictions for two counts of attempted robbery in the second degree. The court held that the defendant's masked and armed appearance, attempted entry into a closed Wendy's through a rear door, escape preparations, and related circumstances provided legally sufficient circumstantial evidence of his intent to steal. The court rejected the argument that the evidence equally supported an intent to commit another crime.
Holdings
- The evidence was legally sufficient to support defendant's convictions for two counts of attempted robbery in the second degree because defendant's masked and armed appearance, conduct at the closed restaurant, attempted entry through the rear door, backpack, and nearby getaway vehicle permitted a rational factfinder to infer an intent to forcibly steal property.
- The existence of possible alternative criminal intents did not render the evidence legally insufficient because the inference that defendant intended robbery was rational and competing reasonable inferences were for the factfinder to resolve.
Questions Presented
- Whether the evidence was legally sufficient to establish that defendant had the specific intent to permanently deprive the owner of property and thereby support his convictions for attempted robbery in the second degree.
Disposition
affirmed
Cases Cited (8)
- People v. Delamota, 18 N.Y.3d 107 (2011)(followed)
- People v. Bueno, 18 N.Y.3d 160, 169 (2011)(followed)
- People v. Barnes, 50 N.Y.2d 375, 381 (1980)(followed)
- People v. Bracey, 41 N.Y.2d 296, 299, 301-302 (1977)(followed and distinguished)
- People v. Moran, 123 N.Y. 254, 257 (1890)(followed)
- People v. Miller, 87 N.Y.2d 211, 217 (1995)(followed)
- People v. Rodriguez, 17 N.Y.3d 486, 489 (2011)(followed)
- People v. Lamont, 113 A.D.3d 1069 (4th Dep't 2014)(affirmed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…