People v. Maxwell

Appeal from a judgment of the Erie County Court (Thomas P Franczyk, J.), rendered January 31, 2011. The judgment convicted defendant, upon a nonjury verdict, of robbery in the first degree.

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

Memorandum: On appeal from a judgment convicting him, upon a nonjury verdict, of robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that the evidence is legally insufficient to support his conviction because the People failed to establish that the gun recovered by the police and allegedly used by defendant…