The following excerpt is from People v. Smith, 29 N.Y.3d 91, 52 N.Y.S.3d 692, 75 N.E.3d 84 (N.Y. 2017):
1 Notwithstanding the dissent's argument based on the legislative history, we have long recognized that the victim's fear of harm is significant in cases involving the use or perceived threat of a firearm (see People v. Hedgeman, 70 N.Y.2d 533, 541, 523 N.Y.S.2d 46, 517 N.E.2d 858 [1987] [describing the aggravating factors as "reflect(ing) a concern for the added element of physical harm, danger, and perceived threat of additional violence to the victims of the robbery"] ).
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