Opinion
February 7, 1995
Appeal from the Supreme Court, New York County (Budd Goodman, J.).
Evidence at trial was that a uniformed police officer on foot patrol saw defendant pull the victim's gold chain from her neck. However, when the clasp on the chain broke, the chain became entangled in the victim's clothing. Defendant then threw the victim to the ground, breaking her foot in three places and causing both impairment of physical condition and substantial pain. As defendant attempted to flee, the victim's companion and the police officer chased defendant and caught him within seconds, about half a block away.
As the core conduct prohibited by Penal Law § 160.10 is the forcible theft of property, and as the aggravating element is the causing of physical injury to a non-participant in the crime, in the circumstances herein defendant was properly convicted of attempted robbery in the second degree (see, People v. Coleman, 74 N.Y.2d 381).
Concur — Ellerin, J.P., Kupferman, Asch, Nardelli and Williams, JJ.