People v. Washington

—Judgment, Supreme Court, New York County (Murray Mogel, J.), rendered June 20, 1991, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him to concurrent terms of IV2 to 4 Vi years imprisonment, unanimously affirmed.

Defendant’s contention that there was insufficient evidence to establish his guilt under the court’s charge is without merit. The evidence established that defendant had torn a gold and diamond necklace from the complainant’s neck and passed the stolen property to the codefendant. The “taking” element of the crime charged was "satisfied by a showing that the thief exercised dominion and control over the property for a period of time, however temporary, in a manner wholly inconsistent with the owner’s continued rights” (People v Jennings, 69 NY2d 103 , 118). The jury’s finding that the defendant possessed the stolen property, however momentary, and its assessment of the credibility of the complainant’s on-scene identification testimony, will not be disturbed on appeal (People v Parks, 41 NY2d 36 , 47).

Defendant’s argument that neither he nor the codefendant