People v. Saia

Judgment unanimously affirmed. Memorandum: Defendant urges that robbery cannot be committed by threatening physical force for the purpose of retaining property acquired by trick or false pretenses. We disagree and we affirm the judgment of conviction.

By definition (Penal Law § 160.00), a person commits robbery:

"[Wjhen, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:

1. * * * [Ojvercoming resistance to the taking of the property or to the retention thereof immediately after the taking”. (Emphasis added.)

A…