PEOPLE v. SMITH


266 A.D.2d 639 (1999)

698 N.Y.S.2d 343

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM O. SMITH, Appellant.

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

Decided November 10, 1999.


Spain, J.

Defendant was convicted of robbery in the first degree as a consequence of his January 1995 assault upon a 70-year-old woman in the City of Troy, Rensselaer County, during which he forcibly seized her purse causing her to fall and break her arm (see, Penal Law § 160.15 [1]). At trial, the People presented the testimony of an eyewitness who had observed defendant at close range fleeing with the purse and rummaging through it, and who identified...

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