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PEOPLE v. ROSS

251 A.D.2d 235 (1998)

675 N.Y.S.2d 342

The People of the State of New York, Respondent, v. James Ross, Appellant

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

June 25, 1998

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence since the record demonstrates that in addition to engaging in a tug of war with the victim over the merchandise he had just stolen, defendant threatened to kill the victim and physically prevented him from calling the police, thus demonstrating his use of force to overcome the victim's resistance to the taking (Penal Law §...

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