People v. Smith

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

A larceny becomes robbery if property is forcibly stolen (see Penal Law § 160.00). As relevant in this case, “force” refers to the use or threatened use of immediate physical force upon another person during the course of committing a larceny for the purpose of preventing or overcoming resistance to the taking of the property (see Penal Law § 160.00 [1]). Second-degree robbery occurs when an individual forcibly steals property while being aided by another person who was actually present during the crime (see…