People v. Oquendo

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered October 31, 1997, upon a verdict convicting defendant of the crime of robbery in the first degree.

*884On November 16, 1996, defendant and another individual entered the Troy Plaza Liquor Store in the City of Troy, Rensselaer County, where Tom Vumbaco and David Moran were working. Defendant pushed Vumbaco against a wall, held an elbow to his chest and thereafter thrust his other hand, black-gloved with a white cloth wrapped around it, into Vumbaco’s stomach while declaring to Moran that “this is a [expletive]…