Summary
sustaining a second-degree robbery conviction where the defendant "bumped his unidentified victim, took money, and fled while another forcibly blocked the victim's pursuit"
Summary of this case from United States v. JohnsonOpinion
October 7, 1993
Appeal from the Supreme Court, New York County (Rose Rubin, J.).
Defendant bumped his unidentified victim, took money, and fled while another forcibly blocked the victim's pursuit. Upon the appeal of defendant's accomplice (People v. Bennett, 189 A.D.2d 706, lv denied 81 N.Y.2d 967), we found evidence sufficient to prove guilt of every element of robbery, including force (see, People v. Patton, 184 A.D.2d 483), and we so find here, too. Defendant's contention that the court improperly considered a juror's oral question is both unpreserved and meritless, as is his contention that there should have been clarification of the jury instructions with respect to force. The charge, as a whole, adequately conveyed the proper standard (see, People v Merriweather, 175 A.D.2d 90, lv denied 78 N.Y.2d 1013).
We have considered defendant's remaining contention and find it to be without merit.
Concur — Sullivan, J.P., Rosenberger, Ross and Asch, JJ.