PEOPLE v. ROSS (1998)

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered March 20, 1996, convicting defendant, after a jury trial, of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence since the record demonstrates that in addition to engaging in a tug of war with the victim over the merchandise he had just stolen, defendant threatened to kill the victim and physically prevented him from calling the police, thus demonstrating his use of force to overcome the victim's resistance to the taking (Penal Law § 160.00[1];  People v. Thomas, 226 A.D.2d 120, 640 N.Y.S.2d 503, lv. denied 88 N.Y.2d 886, 645 N.Y.S.2d 461, 668 N.E.2d 432;  People v. Bennett, 219 A.D.2d 570, 631 N.Y.S.2d 834, lv. denied 87 N.Y.2d 844, 638 N.Y.S.2d 602, 661 N.E.2d 1383).

The court's expanded identification charge was sufficient, and the court was not required to include the additional language requested by defendant (see, People v. Lesane, 206 A.D.2d 256, 615 N.Y.S.2d 991, lv. denied 84 N.Y.2d 937, 621 N.Y.S.2d 534, 645 N.E.2d 1234;  People v. Aponte, 166 A.D.2d 344, 561 N.Y.S.2d 635, lv. denied 77 N.Y.2d 957, 570 N.Y.S.2d 491, 573 N.E.2d 579;  see also, People v. Knight, 87 N.Y.2d 873, 638 N.Y.S.2d 938, 662 N.E.2d 256).

MEMORANDUM DECISION.