The facts are fairly stated in the dissent. The issue is whether the theft was a larceny or a robbery, which turns on whether the threat of "the immediate use of physical force * * * for the purpose of: (1) Preventing or overcoming resistance to the taking of the property or to the retention thereof" occurred "immediately after the taking" (Penal Law, § 160.00, subd 1). The dissent concludes as a matter of law that (1) the larceny had come to an end when the defendant...
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