In People v. Ellis, 81 NY2d 854, 613 N.E.2d 529, 597 N.Y.S.2d 623 (1993) in defending against robbery charges, trial counsel employed a theory, implicitly in cross-examination and explicitly in summation, that defendant committed a larceny, but was not guilty of robbery because he did not use force "immediately" after the theft. The Court of Appeals rejected the claim that counsel's representation was ineffective, finding the theory a "reasonable trial strategy." All four departments of the Appellate Division have ruled similarly.