People v. Allen

Defendant was charged with first-degree robbery under a theory of displaying what appeared to be a firearm. He asserted the affirmative defense that the object displayed was not actually a loaded, operable firearm (Penal Law § 160.15 [4]). In convicting defendant of first-degree robbery with regard to one of his victims, the jury determined that defendant failed to establish the affirmative defense. We find no merit to defendant’s contention that this determination was against the weight of the evidence.

Defendant and a companion were observed hanging around a restaurant, drinking whiskey and…