In People v. Asch, 107 A.D.2d 941 (3rd Dept. 1985), the court held that the defendant's conviction for robbery in Indiana could not be used as a predicate felony. The Indiana statute provided that "[a] person who knowingly or intentionally takes property from another person or from the presence of another person: (1) By using or threatening the use of force on any person; or (2) By putting any person in fear . . . (Ind Code, 35-42-5-1)." The court stated that "because a taking of property from the presence of another satisfies the Indiana definition of robbery, that offense is incompatible with New York's felony of grand larceny in the third degree, which requires that the taking be from the person of another."