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PEOPLE v. BENNETT

189 A.D.2d 706 (1993)

The People of the State of New York, Respondent, v. William Bennett, Appellant

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

January 26, 1993

The evidence at trial that undercover police officers observed the codefendant pick the victim's pocket after which defendant shoved the victim to prevent pursuit was sufficient to establish the element of force under Penal Law § 160.00 (1) (see, People v Tellis, 156 A.D.2d 260, lv denied 76 N.Y.2d 743). Defendant failed to demonstrate that a missing witness charge was warranted and, in any event, waived whatever...

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