People v. Villanueva

OPINION OF THE COURT

Acosta, J.P.

The main issue on appeal centers on the definition of threat of immediate use of force in the context of a robbery conviction (see Penal Law § 160.00). Defendant argues that the element of force was not established beyond a reasonable doubt with respect to her robbery in the second degree conviction (Penal Law § 160.10 [1]), because neither defendant nor her codefend-ant ever touched the complainant and the threat of use of force was in fact not a threat of immediate harm. Rather, defendant contends, it was a threat of possible future harm, delivered by verbal…