People v. Smith

Except as to the burglary conviction, the verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant, together with an accomplice, impersonated police officers in order to effect physical control over the victim. They compelled him to submit to a patdown, and in the process they took property from his person. This satisfied the force element of second-degree robbery (see People v Lomba, 183 AD2d 672 [1992], lv denied 80 NY2d 906 [1992]; People v Lazarcheck, 176 AD2d 691, 692 [1991], lv denied 79 NY2d 1003 [1992]). The theft was not merely a…