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PEOPLE v. CRESPO

Appellate Division of the Supreme Court of New York, Second Department.
Feb 5, 1990

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 ยง 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.