The following excerpt is from United States v. Ojeda, 951 F.3d 66 (2nd Cir. 2020):
The flaw in Ojedas reasoning is his singular focus on the aggravating element of first-degree robbery while completely ignoring the foundational element being aggravated, i.e. , forcible stealing. That element, as this court has recognized, must be proved for every degree of robbery in New York. See United States v. Thrower , 914 F.3d at 776 ; United States v. Pereira-Gomez , 903 F.3d at 166 ; Stuckey v. United States , 878 F.3d at 70. And that element categorically requires the use of physical force.
This is evident from New Yorks definition of "forcible stealing":
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