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PEOPLE v. SMITH

No. 7

22 N.Y.3d 1092 (2014)

5 N.E.3d 584

982 N.Y.S.2d 437

2014 NY Slip Op 902

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

Court of Appeals of New York.

Decided February 13, 2014.

Attorney(s) appearing for the Case

Leonard J. Levenson , New York City, for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Caitlin J. Halligan and Hilary Hassler of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

A larceny becomes robbery if property is forcibly stolen (see Penal Law § 160.00). As relevant in this case, "force" refers to the use or threatened use of immediate physical force upon another person during the course of committing a larceny for the purpose of preventing or overcoming resistance to the taking of the property (see Penal Law...

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