People v. Smith

Judgment modified on the law and as modified affirmed, in accordance with the following memorandum: The evidence at trial was legally insufficient to sustain defendant’s conviction for robbery in the first degree. In order to sustain a conviction for robbery in any *880degree, it must be shown that, in the course of committing a larceny, defendant used or threatened the immediate use of physical force upon another person for the purpose of either preventing or overcoming resistance to the taking of the property or the retention thereof or for the purpose of compelling the owner to deliver up the…