People v. Shaffer

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction on two counts of robbery, first degree, and one count of criminal trespass in the second degree and criminal mischief in the fourth degree. Of the numerous issues raised on behalf of defendant, only the following merit discussion.

The first count of the indictment charged defendant with robbery of a bank "armed with a deadly weapon” (Penal Law *950§ 160.15 [2]), and the second count charged that during the robbery defendant displayed "what appealed] to be a * * * shotgun” (Penal Law § 160.15 [4]). Defendant…