People v. Morris

Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a bench trial, of robbery in the third degree. Defendant contends that he is guilty merely of petit larceny (shoplifting) because the struggle with the store security person *912was to fend off an assault rather than to overcome resistance to the retention of the stolen property (see, Penal Law § 160.00 [1]) and that the verdict therefore is against the weight of the evidence. Upon our review of the record, we conclude that there is no merit to defendant’s contention (see, People v Dekle, 83 AD2d 522, affd 56 NY2d 835;…