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PEOPLE v. GORDON

No. 100

23 N.Y.3d 643 (2014)

16 N.E.3d 1178

992 N.Y.S.2d 700

2014 NY Slip Op 4227

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. HAZEL E. GORDON, Respondent-Appellant.

Court of Appeals of New York.

Decided June 12, 2014.

Attorney(s) appearing for the Case

P. David Soares , District Attorney, Albany ( Steven M. Sharp of counsel), for appellant-respondent.

Aaron A. Louridas , Delmar, for respondent-appellant.

Judges GRAFFEO, READ, SMITH and PIGOTT concur with Judge RIVERA; Chief Judge LIPPMAN dissents in part in an opinion in which Judge ABDUS-SALAAM concurs.

OPINION OF THE COURT

RIVERA, J.

In this appeal, we conclude that the People's failure to recover stolen property from defendant does not forestall their ability to establish that her conscious objective in threatening or using physical force was to prevent or overcome resistance to the taking or retention of that stolen property. We therefore modify the Appellate Division order to reinstate defendant's convictions of robbery in the first and second degrees...

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