The actions by a man who said he was armed while gesturing beneath his clothing could “reasonably” lead his victim to believe he had a gun, the state Court of Appeals held Tuesday.
The 6-1 court upheld the first-degree attempted robbery conviction of Charles Smith and the 16-years-to-life sentence it carried in People v. Smith, 23, though no weapon was ever found on him following the 2011 robbery attempt in Queens.
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