People v. Robinson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment *889unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of robbery in the third degree (Penal Law § 160.05). We reject defendant’s contention that Supreme Court erred in failing to instruct the jury that defendant must have a “conscious objective” to use force to prevent any resistance to the retention of the stolen property (see, People v Miller, 87 NY2d 211, 217). The court instructed the jury that the threat of physical force must be used for the purpose of “[p] re venting or overcoming resistance to * * * the retention” of the…
2Cases cited6 opinions
- People v. SmithNew York Court of Appeals · 1992
- People v. MillerNew York Court of Appeals · 1995
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1981
- People v. McKinneyAppellate Division of the Supreme Court of the State of New York · 1993
- People v. WilkinsAppellate Division of the Supreme Court of the State of New York · 1993
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