N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Theft / ARTICLE Robbery
New York Consolidated Laws

N.Y. Penal Law § 160.05 (2026)

Robbery in the third degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 345 cases (47 in the last 5 years), 1971–2026 · leading case: People v. Laureano, 664 N.E.2d 1212 (NY 1996).
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People v. Laureano, 664 N.E.2d 1212 (NY 1996). · cites it 4× “Finally, to illustrate but one of the peculiar anomalies that may be wrought by this unnecessary restriction on trial court sentencing authority, I point out the diametrically different outcome if, instead of pleading guilty to robbery in the first degree , the defendant had…”
United States v. Thrower, 914 F.3d 770 (2d Cir. 2019). · cites it 4× “30 ; (4) a 1994 conviction for attempted third-degree robbery, N.Y. Penal Law §§ 160.05 and 110.00 ; and (5) a 2000 conviction for third-degree robbery, N.”
Commonwealth v. Spenny, 128 A.3d 234 (Pa. Super. Ct. 2015). · cites it 4× “” N.Y. Penal Law § 160.05 . Spenny advocates for a strict elements analysis to determine the Pennsylvania equivalent for a prior, out-of-state conviction.”
Simpson v. Town of Warwick Police Dep't, 159 F. Supp. 3d 419 (S.D.N.Y. 2016). · cites it 3× “25 , and third-degree robbery, in violation of N.Y. Penal Law § 160.05 . Id., Ex. A. Simpson was not arrested at that time.”
The People v. Marcellus Johnson, 51 N.E.3d 545 (NY 2016). · cites it 2× “The jury convicted defendant of two counts of third degree robbery (Penal Law § 160.05), three counts of fourth degree larceny (Penal Law §§ 155.”
People v. Lopez, 535 N.E.2d 1328 (NY 1989). · cites it 3× “The core requirement for all three degrees of robbery under the Penal Law is proof that the defendant forcibly stole property from another (Penal Law §§ 160.05, 160.10, 160.15). If, in addition, the defendant or another participant in the crime "[displays what appears to be a…”
People v. Miller, 661 N.E.2d 1358 (NY 1995). · cites it 4× “The core crime is elevated to robbery in the second degree when defendant is aided by another person or when the consequences of the forcible taking are aggravated because the robber or the accomplice displays a firearm or causes physical injury to a nonparticipant ( see , Penal…”
People v. Howard, 4 N.E.3d 320 (NY 2013). “10), third-degree robbery (Penal Law § 160.05), fourth-degree grand larceny (Penal Law § 155.”
The People v. Charles Smith, 75 N.E.3d 84 (NY 2017). · cites it 2× “Robbery in the third degree (Penal Law § 160.05) is the proper offense only when a defendant forcibly steals property and neither displaying the appearance of a firearm nor any of the other aggravating factors is present (see Lopez, 73 NY2d at 219 ).”
United States v. Willie Johnson, 915 F.3d 223 (4th Cir. 2019). · cites it 2× “§ 3559 (c)(2)(F)(ii) ; see N.Y. Penal Law § 160.05 ("Robbery in the third degree is a class D felony.”
United States v. Moore, 916 F.3d 231 (2d Cir. 2019). “" N.Y. Penal Law § 160.05 . A person forcibly steals property 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) [p]reventing or overcoming resistance to the taking of the property or…”
People v. Grayson, 138 A.D.3d 1250 (N.Y. App. Div. 2016). · cites it 2× “Here, the People properly concede that it is impossible to commit robbery in the first degree without also committing robbery in the third degree (see Penal Law §§ 160.05, 160.15 [4]) and, thus, the parties disagree solely as to whether the second prong of the inquiry was…”
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