Appellate Division of the Supreme Court of the State of New York July 27, 2006 (People v. Simmons)

Lahtinen, J.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered November 14, 2003 in Albany County, upon a verdict convicting defendant of the crimes of robbery in the third degree and grand larceny in the fourth degree.

Defendant encountered an elderly man confined to a wheel chair and allegedly took his wallet by jerking it loose from a lanyard around the man’s neck.