Opinion
February 2, 1995
Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).
Defendant's contention that "complainant's story was implausible and there was substantial doubt that [defendant] * * * intended to steal or forcibly steal property" is without merit. The trial testimony, credited by the factfinder (People v Mosley, 112 A.D.2d 812, 814, affd 67 N.Y.2d 985), indicated that force was used in that complainant felt threatened by the stance taken by defendant during their initial encounter and by the words defendant spoke about just having been released from prison. Additionally, defendant threatened to kill complainant if the latter revealed the incident to anyone, tightly held complainant by the arm throughout the ordeal, and the arresting officers noticed that complainant was shaken by the experience.
Concur — Wallach, J.P., Rubin, Kupferman and Tom, JJ.