Appeal from a judgment of the County Court of Saratoga County (Scarano, Jr., J), rendered December 13, 2005, convicting defendant following a nonjury trial of the crimes of robbery in the second degree (three counts), assault in the second degree (three counts), driving while intoxicated (two counts), aggravated unlicensed operation of a motor vehicle in the first degree and reckless driving.
The victim stopped to pick up a pizza at a restaurant in the
Defendant was charged with numerous offenses in a multicount indictment. A nonjury trial was conducted and County Court found defendant guilty of three counts of robbery in the second degree, three counts of assault in the second degree, two counts of driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the first degree and reckless driving. Defendant was sentenced as a second felony offender and now appeals.
We turn first to defendant’s argument that there was legally insufficient evidence to support a finding that the victim suffered a physical injury. Physical injury to the victim was an element of the crimes charged in the second count (robbery in the second degree pursuant to Penal Law § 160.10 [2] [a]
Viewing the evidence in the light most favorable to the People, as we must when faced with a challenge to legal sufficiency (see e.g. People v Calabria, 3 NY3d 80, 81 [2004]), the evidence establishes that the victim’s back was injured when the vehicle
Next, we consider whether there was legally sufficient evidence of a forcible taking to support the robbery convictions. Using a vehicle to, in essence, push a victim away is analogous to using physical force in a one-on-one confrontation to overcome resistance to the stealing of property (see People v Rumrill, 40 AD3d 1273, 1274-1275 [2007]; People v Woodridge, 30 AD3d 898, 900 [2006], lv denied 7 NY3d 852 [2006]; People v Tetreault, 12 AD3d 722, 723 [2004], lv denied 4 NY3d 749 [2004]; People v Monroe, 277 AD2d 598, 599 [2000]). Here, the victim attempted to resist the taking of her vehicle by grabbing at the door and banging on the window. Defendant—after making eye contact with the victim and ignoring her demands for him to stop—continued driving, causing her to be pulled and twisted by the vehicle. This proof was sufficient to uphold these robbery counts (see People v Rumrill, supra at 1274; People v Huggins, 228 AD2d 241, 241 [1996], lv denied 88 NY2d 1021 [1996]; see also People v Chatman, 38 AD3d 1282, 1283 [2007], lv denied 8 NY3d 983 [2007]).
After our independent review of the evidence, we are unpersuaded that County Court’s verdict was against the weight of the evidence (see People v Saunders, 309 AD2d 1063, 1064 [2003]; People v Backus, 301 AD2d 866, 867 [2003], lv denied 100 NY2d 559 [2003]). The remaining arguments have been considered and found unavailing.
Crew III, J.E, Spain, Mugglin and Kane, JJ., concur. Ordered that the judgment is affirmed.
We note that the first robbery count was based on the stealing of the victim’s vehicle pursuant to Penal Law § 160.10 (3), and the third robbery count was based on the physical injury to the officer pursuant to Penal Law § 160.10 (2) (a).
