PEOPLE v. PLAZA

In a croissant shop at Broadway and 73rd Street, defendant and an accomplice surreptitiously removed a wallet, containing almost $200 in cash, from the complainant's purse. When the complainant demanded her property, the accomplice returned the wallet without the cash. The complainant demanded her money, and alerted the shop manager. A struggle ensued when the manager attempted to prevent defendant and her accomplice from leaving the premises. The money was never recovered.

Defendant concedes her guilt of larceny, but argues that her conviction for robbery must be overturned, as no force was used, as is here pertinent, to "overcom[e] resistance * * * to the retention [of the property] immediately after the taking" (Penal Law § 160.00). Contrary to defendant's argument, we believe there was ample evidence that at the time of the struggle, either defendant or her accomplice was in possession of the stolen money. (Cf., People v Nixon, 156 A.D.2d 144, appeal dismissed 76 N.Y.2d 870.)

Concur — Sullivan, J.P., Carro, Rosenberger, Ellerin and Kupferman, JJ.