People v. Williams

1 Citing case

  1. People v. Lane

    241 A.D.2d 763 (N.Y. App. Div. 1997)   Cited 9 times

    Forcible stealing occurs when a person: "in the course of committing a larceny * * * uses * * * physical force upon another person for the purpose of * * * [p]reventing or overcoming resistance to the taking of the property or the retention thereof immediately after the taking (Penal Law § 160.00 [1]). In our view, a rational person could conclude from this evidence that defendant took Platt's chain and then used force sufficient to cause Platt physical injury in order to prevent Platt from retrieving his property (see, e.g, People v. Williams, 237 A.D.2d 101). Moreover, "upon viewing the evidence in a neutral light while giving due deference to the jury's assessment of credibility" (People v. Hubert, 238 A.D.2d 745, 746), we conclude that the conviction for robbery in the second degree was not against the weight of the evidence.