People v. Crespo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Contrary to the defendant’s contentions, his conduct in striking the store detective in the face when the detective tried to prevent him from leaving the store with a hairbrush which he had not paid for, constituted the physical force required to establish the crime of robbery (see, Penal Law § 160.00 [1]). The evidence clearly shows that the defendant used physical force during the course of the robbery for the purpose of "[preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking” (People v Washington, 148 AD2d 559, 560; see…
2Cases cited4 opinions
- People v. DekleNew York Court of Appeals · 1982
- People v. DekleAppellate Division of the Supreme Court of the State of New York · 1981
- People v. JohnstoneAppellate Division of the Supreme Court of the State of New York · 1987
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by4 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. LawsonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BachmannAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1991