People v. Tucker

Judgment, Supreme Court, New York County (Ronald A. *211Zweibel, J.), rendered May 2, 2005, convicting defendant, after a jury tried, of robbery in the third degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

The prosecutor did not add a new theory of robbery when he argued in summation that defendant’s use of force included his efforts to forcibly retain the property immediately after taking it, and the court properly denied defendant’s requests for a mistrial, a jury instruction excluding the forcible retention theory, or an…