AD4 order dated January 3, 2014, affirming judgment of conviction. Decision below: 113 AD3d 1069,977 NYS2d 540. Peradotto (AD dissenter), J., granted leave March 27, 2014.

ISSUE PRESENTED: Whether, where defendant and his companion knocked on the door of a closed Wendy’s restaurant while armed with handguns and wearing masks, the evidence of intent to commit robbery (as opposed to kidnapping, rape, murder, etc.) was sufficient. (Assigned counsel: Timothy P. Donaher, Monroe County Public Defender, 10 N. Fitzhugh St., Rochester, NY 14614.)