At page 884 cited at this page1 citing case
- People v. Scott, 120 A.D.3d 1573 (N.Y. App. Div. 4th Dep't 2014).published Viewing the evidence in the light most favorable to defendant (see People v Rivera, 23 NY3d 112, 120-121 [2014], citing People v Martin, 59 NY2d 704, 705 [1983]; People v Moultrie, 100 AD3d 401 , 402 [2012], lv denied 20 NY3d 1102 [2013]),…
v.
Richard Travis
Judgment unanimously affirmed. Memorandum: Defendant contends that reversal of the judgment convicting him of attempted robbery in the second degree and assault in the second degree is warranted because the complainant improperly testified to defendant’s intent, an issue for the jury. We disagree. The testimony of the complainant that defendant tried to remove the wallet from his pocket during a struggle did not usurp the function of the jury to determine whether defendant intended to commit robbery (see generally, Richardson, Evidence § 363 [Prince 10th ed]; cf., Bogart v City of New York, 200 NY 379, 384-385). In any event, if there was error, it is harmless in light of the overwhelming evidence of defendant’s guilt (see, People v Crimmins, 36 NY2d 230, 242). (Appeal from Judgment of Monroe County Court, Maloy, J.—Attempted Robbery, 2nd Degree.) Present—Pine, J. P., Fallon, Callahan, Doerr and Balio, JJ.