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PEOPLE v. SPENCER

255 A.D.2d 167 (1998)

680 N.Y.S.2d 225

The People of the State of New York, Appellant, v. Ronald Spencer, Respondent

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

November 17, 1998

The evidence in support of the indictment for robbery in the second degree established prima facie the use or threatened use of force. The Grand Jury could readily infer that defendant's action in standing "chest to chest" with the victim, moving in unison with the victim until the latter was backed up against a subway pole, was meant to intimidate the victim and was indicative of the threat of force (People v Watson,

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