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PEOPLE v. BARHAM

170 A.D.2d 270 (1991)

The People of the State of New York, Respondent, v. Daniel Barham, Appellant

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

February 14, 1991

After defendant and his accomplices pushed the complainant off a train and onto a subway platform, they forcibly stole his gold chain. Since the People presented legally sufficient evidence of the complainant's "impairment of physical condition", defendant's conviction of robbery in the second degree is unassailable (Penal Law § 160.10 [2]; § 10.00 [9]; People v Rojas, 61 N.Y.2d 726). The complainant missed three days of...

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