PEOPLE v. SAIA


112 A.D.2d 804 (1985)

The People of the State of New York, Respondent, v. Anthony Saia, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1985


Judgment unanimously affirmed.

Memorandum:

Defendant urges that robbery cannot be committed by threatening physical force for the purpose of retaining property acquired by trick or false pretenses. We disagree and we affirm the judgment of conviction.

By definition (Penal Law § 160.00), a person commits robbery:

"[W]hen, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person...

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