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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 590 (N.Y. App. Div. 1995)

Opinion

May 15, 1995

Appeal from the Supreme Court, Kings County (Mastro, J.).


Ordered that the judgment is affirmed.

The defendant contends that the evidence that was adduced at trial is legally insufficient to establish that he forcibly stole property (see, Penal Law § 160.00). Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Specifically, the People proved that the defendant had grabbed, twisted, and pulled the complainant. Thus, the defendant used physical force for the purpose of preventing resistance or compelling the complaint "to deliver up the property or to engage in other conduct which aids in the commission of the larceny" (Penal Law § 160.00, [2]; see, Penal Law § 160.05; People v Garcia, 201 A.D.2d 666; People v Hassett, 144 A.D.2d 385). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are without merit. Bracken, J.P., Pizzuto, Santucci and Friedmann, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 590 (N.Y. App. Div. 1995)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JOHNSON…

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

Date published: May 15, 1995

Citations

215 A.D.2d 590 (N.Y. App. Div. 1995)
626 N.Y.S.2d 566

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