Appellant was convicted, after a jury trial, of robbery in the second degree. The trial court set aside that verdict and reduced the conviction to one for grand larceny in the third degree, on a finding that the evidence was legally insufficient to establish, as required by section 160.00 of the Penal Law, "the immediate use of physical force upon another person for the purpose of: 1. Preventing or overcoming resistance to the taking of the property". The court thereupon...
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