People v. Crespo

Appellate Division of the Supreme Court of the State of New York

Feb 5, 1990

Versions:158 A.D.2d 466

551 N.Y.S.2d 57

1990 N.Y. App. Div. LEXIS 1272

Contrary to the defendant’s contentions, his conduct in striking the store detective in the face when the detective tried to prevent him from leaving the store with a hairbrush which he had not paid for, constituted the physical force required to establish the crime of robbery (see, Penal Law § 160.00 [1]). The evidence clearly shows that the defendant used physical force during the course of the robbery for the purpose of "[preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking” (People v Washington, 148 AD2d 559, 560; see also, People v Johnstone, 131 AD2d 782; People v Dekle, 83 AD2d 522, affd 56 NY2d 835). Accordingly, the judgment is affirmed. Bracken, J. P., Lawrence, Harwood and Balletta, JJ., concur.