The People of the State of New York v. Kenneth Middleton, 212 A.D.2d 809 (1995) Appellate Division of the Supreme Court of the State of New York, Second Department Mangano, P. J. Ordered that count one of the indictment charging the defendant with robbery in the third degree is dismissed. The defendant's conviction for robbery in the third degree arises out of a "pocketbook snatching" which occurred on the morning of November 2, 1990. The evidence adduced by the prosecution indicated that the complainant was carrying her shoulder strap bag in her hand with the "strap twisted around [her] hand". Suddenly, the thief ran up to her and gave her hand "sort of * * * a jerk". She opened up her hand and the bag was gone. Penal Law 160.00 defines the crime of robbery as follows: " 160.00 Robbery; defined. "Robbery is forcibly stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of: "1. Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or "2. Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny". It has long been held in New York, as well as in the majority of jurisdictions, that a purse snatching "unaccompanied by any resistance is not sufficient to constitute a robbery" (People v Santiago, 62 AD2d 572, 575, affd 48 N.Y.2d 1023). There was no evidence adduced at trial by the prosecution concerning any aggravating factors, i.e., the complainant was not intimidated, knocked down, struck, or injured, which would elevate the purse snatching to a robbery (see, e.g., People v Jones, 162 AD2d 204; People v Bailey, 155 AD2d 982; People v Rivera, 160 AD2d 419; People v Crandall, 135 AD2d1084). Although the complainant's bag had a broken strap when it was ultimately discovered, that fact alone is of no avail to the People since there was no evidence adduced that the strap was broken during the actual snatching. Accordingly, since the prosecution failed to prove the element of force, the defendant's conviction of robbery in the third degree must be reversed and that count of the indictment dismissed.

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