PEOPLE v. TUCKER


41 A.D.3d 210 (2007)

839 N.Y.S.2d 15

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE TUCKER, Appellant.

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

Decided June 14, 2007.


The prosecutor did not add a new theory of robbery when he argued in summation that defendant's use of force included his efforts to forcibly retain the property immediately after taking it, and the court properly denied defendant's requests for a mistrial, a jury instruction excluding the forcible retention theory, or an opportunity to reopen his summation. The trial evidence established that defendant pushed the victim down as he stole money from his pocket. Defendant fled...

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