People v. Bracey

A jury found the defendants guilty of attempted robbery in the second degree (Penal Law, §§ 110.00, 160.10) and unlawful possession of a weapon as a misdemeanor (Penal Law, § 265.05, subd 9). The Appellate Division *297held that the evidence is insufficient to sustain the convictions and the People have appealed. The primary question is whether there is sufficient evidence from which the jury could conclude, as they did, that the defendants acted with intent to commit a robbery.

The main witness for the prosecution was Freddie Starks, who owned and operated a stationery store located at the corner…