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PEOPLE v. McMAHON

279 A.D.2d 272 (2001)

719 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WYATT McMAHON, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 4, 2001.

The verdict was not against the weight of the evidence. "Given that defendant was in possession of the stolen property while he was engaged in [a struggle with the victim], the jury was entitled to infer that his purpose in using force was to retain control of the stolen property, not merely to escape or defend himself" (People v Brandley, 254 A.D.2d 185, lv denied 92 N.Y.2d 1028). Moreover, the fact that defendant continued...

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