Legal Memo

Your assignment must include a heading, a question presented, and a discussion section with a CREAC analysis.InstructionsFormatYour assignment must comply with these requirements:•limit of 1000words•12-point font•at least one-inch margins all around•page numbers at the bottom center of each page •left justification•double spacing Integrity Certification.
3MEMORANDUMTO:Legal Aid Society InternFROM:Supervising AttorneyDATE:August 31, 2021RE:RobberyChargeWe represent JosieSmith, who has been charged with robbery in the third degree. Ms. Smithis awaiting trial in the New York Supreme Court, New YorkCounty.At 11:20 a.m.on August 10, 2021, Ms. Smithwas apprehended on the sidewalk up the block fromthe Nikestore located at 529 Broadwayin Manhattan.Police were waved over the scene by a distraught 23-year-old man, named Asher Gray. Graytold the police thathis sneakers were stolen “by that girl over there who pointed a gunin her pocketat me.” Officers then questioned Ms. Smith and placed her under arrest. Gray was interviewed by the police after the incident and told the investigator that he went to the Nike store to purchase the new limited-release Air Webb 4–a sneaker designed byNBA great, Spud Webb.Gray explained that he is a “sneaker head” and waited in line outside the Nike store overnight for a chance to purchase the Webbs.Gray was the fiftieth personin line, and at 11:15 am, Gray purchased the last pair of Webbs for sale. After purchasing the sneakers, Graywalked out of the store and was accosted on the sidewalk by Ms. Smith.According to Gray, Ms. Smith walked up to him and said “[expletive] I can’t believe you got the last pair.” Immediately after making this statement, Ms. Smith pulled the shoe box in Gray’s hands toward her body. As Ms. Smith pulled on the box, Gray released his grip on the box, notinglaterto the investigator that he was in shock.
4Ms. Smith then walked away from the Nike store, holding the box. Gray recovered from his shock and chased Smith, catching up with her at the corner ofBroadway and Prince Street.Gray then screamed “give me my sneakers!” Ms. Smith allegedly then turned aroundwith her left handholdingthe shoe box and her right hand in her jacket pocket. According to Gray, Ms. Smith laughed and said “get out of here with that nonsense.” Gray then spotted a police officer and told the officer that his sneakers were stolen “by that girl over there who pointed a gun in her pocket at me.”After questioning, Ms. Smith was arrested. When the responding officer searched Ms. Smith, he found a shoe box containingAir Webb4s in her left hand, as well as a cellphone in her right pocket. No gun was found on Ms. Smith’s person or in the vicinity.Ms. Smith told the officer that when Gray started screaming at her, she was in the process of taking out her phone to call her mother.The issue here is whetherMs. Smith“forcibly stole”Gray’s sneakers under New York law. Here are some useful research materials, which have been compiled by one of our colleagues. Using only the following statute and cases, which you should find using the citations below, please determine whether the prosecutioncan successfully argue that Ms. Smith used or threatened the use of force, such that she committed a“forcible stealing” ofGray’s sneakers:•
N.Y. Penal Law § 160.00 (McKinney 2021).
•People v. Green, 141 A.D.3d 1036 (3d Dep’t 2016).
•People v. Johnson, 110 A.D.3d 920 (2d Dep’t 2013).
•People v. Dobbs, 24 A.D.3d 1043 (3d Dep’t 2005).•
People v. Fore, 231 A.D.2d 590(2d Dep’t 1996).
•People v. Flynn, 123 Misc.2d 1021 (Sup. Ct. N.Y. Cty. 1984).
Please use the facts as contained in this memo.

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