Opinion
September 19, 1995
Appeal from the Supreme Court, New York County (Thomas Galligan, J.).
Evidence that defendant snatched a gold chain from complainant's neck, held it momentarily, then dropped it as complainant gave chase satisfied the "taking" element of Penal Law § 155.05 (1) ( see, Harrison v People, 50 N.Y. 518, 523; People v Rembert, 149 Misc.2d 16). Defendant's argument that the proof showed that the chain came off the complainant's neck and fell to the ground before it came into defendant's dominion and control ignores the evidence: the chain came off immediately after defendant pulled at it.
Concur — Sullivan, J.P., Rubin, Kupferman, Asch and Nardelli, JJ.