PEOPLE v. THOMAS


226 A.D.2d 120 (1996)

640 N.Y.S.2d 503

The People of the State of New York, Respondent, v. Abigail Thomas, True Name Joseph Williams, Appellant

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

April 2, 1996


The verdict was supported by legally sufficient evidence and was not against the weight of the evidence that showed defendant's use of force occurred "immediately" after he shoplifted the merchandise and was for the purpose of overcoming resistance to his retention thereof (Penal Law § 160.00 [1]), notwithstanding that the altercation occurred some 10 minutes after the taking and some four blocks away. The store security guard testified that he pursued defendant immediately...

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