Opinion
December 3, 1992
Appeal from the Family Court, New York County (Jeffry H. Gallet, J.).
Viewing the evidence in the light most favorable to the presentment agency (Matter of Michael D., 109 A.D.2d 633, 634, affd 66 N.Y.2d 843), the element of forcible stealing underlying a robbery charge (Penal Law § 160.00) was satisfied by proof that appellant used his elbow to push the complainant into the street as he snatched a pierced earring from her ear, pulling it off with a downward motion, thereby demonstrating more than just "a nonphysical, unobtrusive, snatching" (People v Rivera, 160 A.D.2d 419, lv denied 76 N.Y.2d 795).
Concur — Carro, J.P., Ellerin, Kupferman and Kassal, JJ.