Summary
holding that even a push is sufficient force to sustain a conviction for attempted robbery in the third degree
Summary of this case from Quiceno v. Attorney General of U.S.Opinion
November 7, 1988
Appeal from the Supreme Court, Queens County (Clabby, J.).
Ordered that the judgment is affirmed.
The defendant contends that the People failed to adduce sufficient proof to support his conviction of attempted robbery in the third degree. Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The victim testified on direct examination that he was walking down the street carrying a television set given to him for repair. The defendant approached him, told him he was going to take the set, pushed him to the ground and grabbed it. The fact that the victim was able to run after the defendant and to get the television set back does not negate the evidence that the defendant intended to forcibly steal the set (see, People v. Dingle, 122 A.D.2d 280, lv denied 68 N.Y.2d 1000). Kunzeman, J.P., Weinstein, Kooper and Balletta, JJ., concur.