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Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered July 17, 2003, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as
*318 a second felony offender, to a term of 2Va to 5 years, unanimously affirmed.The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People established that defendant used physical force for the purpose of “[preventing or overcoming resistance ... to the retention [of property] immediately after the taking” (Penal Law § 160.00 [1]). The evidence warrants the inference that defendant was not just fleeing, but was attempting to prevent a store employee from recovering the stolen goods that defendant had secreted in his jacket (see People v Safon, 166 AD2d 892 [1990], lv denied 76 NY2d 990 [1990]). Concur—Buckley, PJ., Williams, Lerner, Gonzalez and Sweeny, JJ.
Document Info
Citation Numbers: 12 A.D.3d 317, 784 N.Y.S.2d 867
Filed Date: 11/30/2004
Precedential Status: Precedential
Modified Date: 1/12/2022