Citation Numbers: 243 A.D.2d 276, 663 N.Y.S.2d 20, 1997 N.Y. App. Div. LEXIS 9375
Filed Date: 10/7/1997
Status: Precedential
Modified Date: 11/1/2024
Order of disposi
The court’s findings were based on legally sufficient evidence and were not against the weight of the evidence. There was ample evidence that appellant used force to retain shoplifted property, and not merely to escape. When approached, appellant struggled vigorously with the security guard and another store employee while continuously retaining possession of, and trying to escape with, the stolen merchandise (People v Safon, 166 AD2d 892, lv denied 76 NY2d 990).
We have considered appellant’s other arguments and find them to be without merit. Concur—Milonas, J. P., Rubin, Tom, Andidas and Colabella, JJ.