—Judgment unanimously affirmed. Memorandum: Defendant contends that the verdict convicting him of two counts of robbery in the first degree (Penal Law § 160.15 [4]) is against the weight of the evidence. That contention is without merit. It is well established that “[fintent may be inferred from conduct as well as the surrounding circumstances” (People v Steinberg, 79 NY2d 673, 682; see, People v Smith, 79 NY2d 309, 315). Here, defendant’s intent to rob the victims could be inferred from defendant’s conduct in wearing a ski mask and rummaging through the apartment while the victims were forced to lie on the ground, as well as from the surrounding circumstances, including the use of a gun by a codefendant and defendant’s flight with the codefendants (see generally, People v McDonald, 257 AD2d 695, 696, lv denied 93 NY2d 876). (Appeal from Judgment of Monroe County Court, Dattilo, Jr., J. — Robbery, 1st Degree.) Present— Pigott, Jr., P. J., Pine, Wisner, Scudder and Burns, JJ.
The People of the State of New York, Respondent, v. Kevin Shero, Appellant
283 A.D.2d 953725 N.Y.S.2d 782
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