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                               ARTICLE 160
                                 ROBBERY
Section 160.00 Robbery; defined.
        160.05 Robbery in the third degree.
        160.10 Robbery in the second degree.
        160.15 Robbery in the first degree.

S 160.00 Robbery; defined.
  Robbery is forcible 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.

S 160.05 Robbery in the third degree.
  A person is guilty of robbery in the third degree when he forcibly
steals property.
  Robbery in the third degree is a class D felony.
  
S 160.10 Robbery in the second degree.
  A person is guilty of robbery in the second degree when he forcibly
steals property and when:
  1. He is aided by another person actually present; or
  2. In the course of the commission of the crime or of immediate flight
therefrom, he or another participant in the crime:
  (a) Causes physical injury to any person who is not a participant in
the crime; or
  (b) Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; or
  3. The property consists of a motor vehicle, as defined in section one
hundred twenty-five of the vehicle and traffic law.
  Robbery in the second degree is a class C felony.

S 160.15 Robbery in the first degree.
  A person is guilty of robbery in the first degree when he forcibly
steals property and when, in the course of the commission of the crime
or of immediate flight therefrom, he or another participant in the
crime:
  1. Causes serious physical injury to any person who is not a
participant in the crime; or
  2. Is armed with a deadly weapon; or
  3. Uses or threatens the immediate use of a dangerous instrument; or
  4. Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; except that in any prosecution under this
subdivision, it is an affirmative defense that such pistol, revolver,
rifle, shotgun, machine gun or other firearm was not a loaded weapon
from which a shot, readily capable of producing death or other serious
physical injury, could be discharged. Nothing contained in this
subdivision shall constitute a defense to a prosecution for, or preclude
a conviction of, robbery in the second degree, robbery in the third
degree or any other crime.
  Robbery in the first degree is a class B felony.

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