AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD CRESPO, Appellant.

Ordered that the judgment is affirmed.

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). The evidence clearly shows that the defendant used physical force during the course of the robbery for the purpose of "[p]reventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking" (People v Washington, 148 A.D.2d 559, 560; see also, People v Johnstone, 131 A.D.2d 782; People v Dekle, 83 A.D.2d 522, affd 56 N.Y.2d 835). Accordingly, the judgment is affirmed. Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. CRESPO
(Feb 5, 1990)