People v. Elmore

Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered December 4, 2002. The judgment convicted defendant, upon a jury verdict, of robbery in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of robbery in the first degree (Penal Law § 160.15 [4]). The conviction arises out of defendant’s participation in the gunpoint robbery of a pizza delivery person as he attempted to deliver a pizza. Supreme Court…