People v. Dekle

Judgment, Supreme Court, New York County (Levittan, J., and a jury), rendered December 17,1979, convicting defendant after a jury trial of robbery in the third degree and petit larceny, and sentencing him as a second felony offender to an indeterminate term of imprisonment of from 2Vz to 5 years for the robbery and concurrent determinate term of one year for petit larceny, affirmed. The facts are fairly stated in the dissent. The issue is whether the theft was a larceny or a robbery, which turns on whether the threat of “the immediate use of physical force *** for the purpose of: (1)…