Opinion
October 25, 1990
Appeal from the Supreme Court, New York County, Thomas Galligan, J., Daniel FitzGerald, J.
Viewing the evidence in the light most favorable to the People (People v. Contes, 60 N.Y.2d 620), the evidence was legally sufficient to sustain defendant's guilt of robbery in the first degree beyond a reasonable doubt; nor was the verdict against the weight of the evidence (CPL 470.15). Immediately after defendant ripped a chain and pendant from a 15-month-old child's neck, 16-year-old Thomas approached defendant, touched her on the shoulder and asked her where the chain was. Defendant responded, "What chain? I threw it back there." She then waved an ice pick in front of Thomas and warned "Don't fuck with me." Contrary to defendant's suggestion, this evidence clearly suggests that defendant used force to retain the property rather than merely to escape or defend herself (cf., People v. Nixon, 156 A.D.2d 144, lv granted 75 N.Y.2d 873).
Concur — Ross, J.P., Rosenberger, Asch and Smith, JJ.