People v. Lopez

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered October 29, 2004, convicting defendant, after a nonjury trial, of robbery in the second degree (two counts) and *373possession of burglar’s tools (three counts), and sentencing him, as a second violent felony offender, to an aggregate term of seven years, unanimously affirmed.

The verdict was based on legally sufficient evidence. The evidence supports the conclusion that defendant used force to retain property after stealing it, and thus committed robbery. With stolen merchandise concealed on his person, defendant sprayed pepper…