Opinion
November 24, 1998
Appeal from the Supreme Court, New York County (Rena Uviller, J.).
The evidence that as the complainant was threatened by two youths, defendant, who had been sharing a bottle of beer with the youths, simultaneously picked up complainant's bicycle, got on and rode away, was legally sufficient to support his conviction of robbery in the second degree (Penal Law § 160.00, 160.10 Penal [1]). From this evidence, the, jury could reasonably find that defendant had acted in concert to "use or threaten the immediate use of physical force upon" the complainant for the purpose of compelling him to deliver up property or to prevent or overcome resistance to the taking ( ibid.; People v. Smith, 79 N.Y.2d 309). The trial court's charge, read as a whole, conveyed the proper standards with respect to defendant's liability for robbery.
Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.,