Opinion
May 19, 1994
Appeal from the Supreme Court, New York County (Richard C. Failla, J.).
Viewing the evidence in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the evidence adduced at trial established the elements of the crime charged. After defendant took complainant's gold chain, he threatened to punch complainant in the face (Penal Law § 160.05).
The trial court properly instructed the jury as to flight where the evidence showed that defendant attempted to flee when approached by security guards (see, People v. Jamison, 173 A.D.2d 341, 342, lv denied 78 N.Y.2d 955). Finally, the trial court did not improperly marshall the evidence (see, People v. Rivera, 183 A.D.2d 420, 421, lv denied 80 N.Y.2d 933).
Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Tom, JJ.