The court's verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence that defendant's use of force was for the purpose of enabling him to retain possession of the stolen clothing and not merely to facilitate his escape and/or to ward off an unprovoked physical attack. We decline to disturb the court's credibility determinations.
Concur — Lerner, P. J., Ellerin, Rubin and Saxe, JJ.