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8447. PEOPLE, res, v. SAFEDIN RECKOVIC, def-ap —Murray Richman, Bronx, for ap — Robert T. Johnson, District Attorney, Bronx (Megan R. Roberts of counsel), for res — Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered March 20, 2008, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). The evidence established that, in the course of the robbery, defendant used or threatened the immediate use of a dangerous instrument (see Penal Law §160.15[3]). The knife used by defendant qualified as a dangerous instrument (see Penal Law §10.00[13]) because it was readily capable of causing death or serious physical injury under the circumstances of its use or threatened use, and it was not required to qualify as a deadly weapon (see Penal Law §10.00[12]).

 
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