Legal Opinion

People v. Robinson

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1999Published

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

  1. People v. SmithNew York Court of Appeals · 1992
  2. People v. MillerNew York Court of Appeals · 1995
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1981
  4. People v. McKinneyAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. WilkinsAppellate Division of the Supreme Court of the State of New York · 1993

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