People v. Hamer

Defendant’s challenge to the evidence supporting the dangerous instrument element of first-degree robbery is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. We also find that it was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). This element was established by the victim’s testimony that he felt an unseen hard object “jabbing” into his back, coupled with defendant’s death threat, in which he told the victim the object was an ice pick…