A Monroe County defendant fell short of persuading an appellate panel to reverse his conviction for attempted robbery by arguing that while he “may have been up to no good” when he showed up at a Wendy’s restaurant wearing a mask and brandishing a pistol, it’s just as likely he was there to commit a murder, rape or kidnapping.
Jafari Lamont’s unusual defense —that the prosecution failed to prove he intended to commit a robbery as opposed to another felony—almost worked, yielding a 3-2 opinion from the Appellate Division, Fourth Department.
