PEOPLE v. LOPEZ


34 A.D.3d 372 (2006)

824 N.Y.S.2d 640

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON LOPEZ, Appellant.

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

Decided November 30, 2006.


The verdict was based on legally sufficient evidence. The evidence supports the conclusion that defendant used force to retain property after stealing it, and thus committed robbery. With stolen merchandise concealed on his person, defendant sprayed pepper spray at store security guards who approached him, and exhorted his accomplice, who was also in possession of stolen property, to flee the scene. Defendant's continued retention of the merchandise during the struggle further...

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