Opinion
October 7, 1997
Appeal from Family Court, New York County (Leah Marks, J.).
The court's findings were based on legally sufficient evidence and were not against the weight of the evidence. There was ample evidence that appellant used force to retain shoplifted property, and not merely to escape. When approached, appellant struggled vigorously with the security guard and another store employee while continuously retaining possession of, and trying to escape with, the stolen merchandise ( People v. Safon, 166 A.D.2d 892, lv denied 76 N.Y.2d 990).
We have considered appellant's other arguments and find them to be without merit.
Concur — Milonas, J.P., Rubin, Tom, Andrias and Colabella, JJ.