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PEOPLE v. SMITH

166 A.D.2d 879 (1990)

The People of the State of New York, Respondent, v. Bryan Smith, Appellant. (Appeal No. 1.)

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

October 5, 1990

Judgment modified on the law and as modified affirmed, in accordance with the following memorandum:

The evidence at trial was legally insufficient to sustain defendant's conviction for robbery in the first degree. In order to sustain a conviction for robbery in any degree, it must be shown that, in the course of committing a larceny, defendant used or threatened the immediate use of physical force upon another person...

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