Summary
In Patton, the defendant not only blocked the victim’s path, but "persistently shoved [the victim] back" multiple times.
Summary of this case from United States v. HammondOpinion
June 30, 1992
Appeal from the Supreme Court, New York County (Budd G. Goodman, J.).
Evidence at trial was that defendant approached to within a foot of the victim, as codefendant walked around to the other side of the victim, and that codefendant yanked a gold chain and medallion from the victim's neck, scratching the victim and tearing his shirt, and then walked away. As the victim tried to walk after codefendant, defendant stepped in front of him and persistently shoved him back. Each time the victim tried to get around defendant, defendant walked over and shoved the victim again. A police officer interceded, apprehended both defendant and codefendant, and recovered the victim's chain and medallion from codefendant.
Viewing the evidence in a light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of robbery in the second degree. Although codefendant actually stole the chain and medallion, credible evidence showed that defendant acted as a blocker, overcoming the victim's resistance to the robbery within the meaning of Penal Law § 160.00 (1). That there exists a potentially innocent inference arising from defendant's conduct, does not, of itself, render the evidence legally insufficient (People v. McKay, 162 A.D.2d 146, lv denied 76 N.Y.2d 895). We reject defendant's argument that the evidence against him is legally insufficient because it does not show that he affirmatively participated in the taking of the property. By blocking the victim's passage, defendant aided in codefendant's retention of the property, and thereby participated in the robbery (People v. Robinson, 127 A.D.2d 860; see also, People v. Dennis, 146 A.D.2d 708, affd 75 N.Y.2d 821). With respect to the element of forcible taking, the evidence established the requisite physical force to enhance the charge from larceny to robbery (see, People v. Rivera, 160 A.D.2d 419, lv denied 76 N.Y.2d 795; People v. Davis, 171 A.D.2d 518, lv denied 78 N.Y.2d 921).
Concur — Milonas, J.P., Wallach, Kupferman and Smith, JJ.