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PEOPLE v. LEWIS

Ind. No. 411/18. Appeal No. 15729. Case No. 2019-1517.

204 A.D.3d 502 (2022)

164 N.Y.S.3d 451

2022 NY Slip Op 02498

The People of the State of New York, Respondent, v. Alexander Lewis, Appellant.

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

Decided April 14, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( David J. Klem of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Alexander Michaels of counsel), for respondent.

Concur—Acosta, P.J., Kern, González, Shulman, JJ.

We reject defendant's claim that his robbery conviction was against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The element of force was established by surveillance footage showing that defendant, after stealing a phone from a store, pushed off an employee in an attempt to overcome the employee's resistance to defendant's retention of the stolen property (see People v Authers,

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