Opinion
15729 Ind. No. 411/18 Case No. 2019–1517
04-14-2022
The PEOPLE of the State of New York, Respondent, v. Alexander LEWIS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Acosta, P.J., Kern, Gonza´lez, Shulman, JJ.
Judgment, Supreme Court, New York County (Gilbert C. Hong, J.), rendered October 30, 2018, convicting defendant, after a jury trial, of robbery in the third degree, menacing in the second degree and petit larceny, and sentencing him, as a second felony offender, to an aggregate term of three to six years, unanimously affirmed.
We reject defendant's claim that his robbery conviction was against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The element of force was established by surveillance footage showing that defendant, after stealing a phone from a store, pushed off an employee in an attempt to overcome the employee's resistance to defendant's retention of the stolen property (see People v. Authers, 134 A.D.3d 526, 527, 21 N.Y.S.3d 253 [1st Dept. 2015], lv denied 27 N.Y.3d 991, 38 N.Y.S.3d 101, 59 N.E.3d 1213 [2016] ; People v. Gonzalez, 60 A.D.3d 447, 448, 874 N.Y.S.2d 118 [1st Dept. 2009], lv denied 12 N.Y.3d 915, 884 N.Y.S.2d 696, 912 N.E.2d 1077 [2009] ), and not merely to escape.
Defendant's excessive sentence argument is moot because he has satisfied the prison and parole components of his sentence.