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People v. Bennett

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1993
189 A.D.2d 706 (N.Y. App. Div. 1993)

Summary

shoving sufficient to establish force

Summary of this case from United States v. Simmon

Opinion

January 26, 1993

Appeal from the Supreme Court, New York County (Rose Rubin, J.).


The evidence at trial that undercover police officers observed the codefendant pick the victim's pocket after which defendant shoved the victim to prevent pursuit was sufficient to establish the element of force under Penal Law § 160.00 (1) (see, People v Tellis, 156 A.D.2d 260, lv denied 76 N.Y.2d 743). Defendant failed to demonstrate that a missing witness charge was warranted and, in any event, waived whatever right he may have had by failing to make a timely request therefor (see, People v. Gonzalez, 68 N.Y.2d 424, 427-428). Defendant's remaining claims are unpreserved and without merit. The court's oral exchange with the foreperson, who indicated that a verdict could be rendered if the jury were to briefly resume deliberations, was not error, involving as it did only a ministerial matter that had no substantative impact on deliberations, and did not prevent defense counsel from participating meaningfully, at trial (People v. Backus, 184 A.D.2d 231, lv denied 80 N.Y.2d 926).

Concur — Murphy, P.J., Milonas, Ellerin, Ross and Kassal, JJ.


Summaries of

People v. Bennett

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1993
189 A.D.2d 706 (N.Y. App. Div. 1993)

shoving sufficient to establish force

Summary of this case from United States v. Simmon
Case details for

People v. Bennett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BENNETT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 26, 1993

Citations

189 A.D.2d 706 (N.Y. App. Div. 1993)
592 N.Y.S.2d 731

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