PEOPLE v. SMITH

5555, 307/08

87 A.D.3d 920 (2011)

929 N.Y.S.2d 248

2011 NY Slip Op 6536

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

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

Decided September 22, 2011.


Except as to the burglary conviction, the verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant, together with an accomplice, impersonated police officers in order to effect physical control over the victim. They compelled him to submit to a patdown, and in the process they took property from his person. This satisfied the force element of second-degree robbery (see People v Lomba, 183 A.D.2d 672...

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