CJI2d[NY] Penal Law § 160.00

[NOTE: The Introductory Charge to Robbery must be given once and prior to giving an instruction on one or more of the degrees of robbery.]

The (specify) count(s) [charges / charge] a degree of Robbery.

Under our law, Robbery is defined as forcible stealing. Thus, each degree of robbery, which I will define for you, will include "forcible stealing" as the first element of the crime.

The term "forcible stealing" has its own special meaning. I will give you the meaning of that term by first defining the term "stealing," which the law also calls "larceny," and then the term "forcible stealing." ²

A person STEALS property and commits LARCENY when with the intent to deprive another of property or to appropriate the property to himself or herself [or to a third person], such person wrongfully takes, obtains, or withholds property from the owner of the property.³

A person FORCIBLY STEALS property and commits robbery when, in the course of committing a larceny, such person uses or threatens the immediate use of physical force upon another person for the purpose of, meaning with the intent of ⁴:

Select appropriate alternative(s) and if multiple alternatives apply, renumber them accordingly:

[one:] compelling the owner of such property [or another person] to deliver up the property; [or]

[two:] preventing or overcoming resistance to the taking of the property; [or]

[three:] preventing or overcoming resistance to the retention of the property, immediately after the taking;

[Add if in issue: The term “IMMEDIATELY” does not require a specific time; it is sufficient that the larceny, that is, the taking of the property and the use of force were part of a continuous series of events even if separated by a brief period of time and space.⁵ [or]

[four:] compelling the owner of such property to engage in other conduct which aids in the commission of the larceny.

INTENT means conscious objective or purpose. Thus, a person acts with the intent to engage in such conduct when that person’s conscious objective or purpose is to do so.⁶

I will now define for you the degree(s) of Robbery charged in this case, specifically (list the crime[s] of robbery that is/are being submitted to the jury):