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PEOPLE v. VILLANUEVA

5468/12, 2554.

148 A.D.3d 210 (2017)

2017 NY Slip Op 01299

46 N.Y.S.3d 615

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAROLINA VILLANUEVA, Appellant.

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

Decided February 16, 2017.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Carl S. Kaplan counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Patrick J. Hynes of counsel), for respondent.

RENWICK, ANDRIAS, SAXE and GISCHE, JJ. concur.

OPINION OF THE COURT

The main issue on appeal centers on the definition of threat of immediate use of force in the context of a robbery conviction (see Penal Law § 160.00). Defendant argues that the element of force was not established beyond a reasonable doubt with respect to her robbery in the second degree conviction...

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