People v. Gordon

On this appeal, defendant first contends that her robbery convictions are not supported by legally sufficient evidence. We agree. Robbery in the first degree and robbery in the second degree, as charged in counts 1, 2 and 6 of the indictment, require the People to prove that a defendant “forcibly [stole] property” (Penal Law §§ 160.15 [3]; 160.10 [1], [2] [a]). As relevant here, forcible stealing is defined as using or threatening to use “physical force upon another person for the purpose of. . . [p] reventing or overcoming resistance to the taking of the property or to the retention thereof…