PEOPLE v. ONORATI (2005)

Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered June 2, 2003, convicting defendant, after a jury trial, of robbery in the third degree, two counts of grand larceny in the fourth degree, and three counts of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to an aggregate term of 2 1/212 to 5 years, unanimously affirmed.

 The verdict was based on legally sufficient evidence.   The jury could have reasonably concluded that defendant used force to simultaneously flee from the victim and to retain the stolen property, and that his actions constituted force within the meaning of the robbery statute (see e.g. People v. McMahon, 279 A.D.2d 272, 719 N.Y.S.2d 23 [2001], lv. denied 96 N.Y.2d 803, 726 N.Y.S.2d 381, 750 N.E.2d 83 [2001];  People v. Thomas, 226 A.D.2d 120, 640 N.Y.S.2d 503 [1996], lv. denied 88 N.Y.2d 886, 645 N.Y.S.2d 461, 668 N.E.2d 432 [1996] ).

 The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v. Hayes, 97 N.Y.2d 203, 738 N.Y.S.2d 663, 764 N.E.2d 963 [2002];  People v. Walker, 83 N.Y.2d 455, 458-459, 611 N.Y.S.2d 118, 633 N.E.2d 472 [1994];  People v. Pavao, 59 N.Y.2d 282, 292, 464 N.Y.S.2d 458, 451 N.E.2d 216 [1983] ).   When defendant's direct testimony created an impression that he had a peaceable, nonviolent disposition, the court properly modified its ruling to permit inquiry as to two incidents where defendant menaced other persons with dangerous instruments (see People v. Fardan, 82 N.Y.2d 638, 645-647, 607 N.Y.S.2d 220, 628 N.E.2d 41 [1993] ).