People v. Damphier

Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered April 4, 2005, upon a verdict convicting defendant of the crimes of robbery in the second degree (two counts), burglary in the second degree, petit larceny and menacing in the second degree.

Defendant was charged in a five-count indictment with, among other things, robbery in the second degree based upon a November 2003 incident in which he and another individual allegedly pushed their way into the victim’s house and pointed a gun at him. The two men told the victim to “[g]et down on [his] *1147face,” and pushed…