People v. Johnson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was charged with robbery in the first degree (Penal Law § 160.15 [3]) on the theory that he forcibly stole the complainant’s motor scooter and, in the course of that act, used or threatened the use of a knife. He was also charged with related offenses including criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]) for possessing a knife. In its instructions, the trial court instructed that to convict defendant of first degree robbery the jury had to find that the People had…