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PEOPLE v. JAMES

35 A.D.3d 189 (2006)

825 N.Y.S.2d 465

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY JAMES, Appellant.

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

Decided December 7, 2006.

In this case where defendant claimed his encounter with a cab driver was not a robbery but only a theft of services, the court properly declined to instruct the jury that the "property" element of robbery does not include theft of services. There was nothing in the testimony of the victim, or of either of the defendants, that would support a theory of forcible theft of services (see People v Butts, 72 N.Y...

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