96 A.D.2d 565 | N.Y. App. Div. | 1983
— Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered January 8, 1980, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. At trial on the defendant’s robbery indictment, it was undisputed that he had a physical altercation with the 82-year-old complainant. The essential issue concerned the nature of that altercation. The complainant testified that the defendant grabbed her change purse. The defendant testified that, after asking him for directions, the complainant became upset, grabbed his arm, and pulled at his clothing. According to the defendant, a struggle ensued in which he tried unsuccessfully to extricate himself from the complainant’s grasp and, when he could not free himself from her grip, he bit