June 3, 2008.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered February 10, 2006, convicting him of robbery in the second degree, criminal possession of a weapon in the fourth degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. Justice Belen has been substituted for Justice Chambers ( see 22 NYCRR 670.1 [c]).
Steven Banks, New York, N.Y. (Lawrence T. Hausman and White Case, LLP [Jenna Z. Nicenko, Peter B. Patterson, and R. Gregory Parker], of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Hayward H. Smith of counsel), for respondent.
Before: Miller, J.P., Dillon, McCarthy and Belen, JJ.
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in denying his request to submit the lesser-included offense of robbery in the third degree to the jury. However, the defendant's conduct, as perceived by the complainant, was the display of a gun within the meaning of Penal Law § 160.10 (2). Thus, a reasonable view of the evidence would not support the conclusion that the crime occurred without the display of a gun ( see People v Cooper, 294 AD2d 592; People v Ruiz, 220 AD2d 466; People v Maynard, 211 AD2d 505; People v Mays, 178 AD2d 557). Accordingly, the defendant's request for a charge on the lesser-included offense of robbery in the third degree was properly denied.
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).