People v. Blacknall

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be reversed and the case remitted to Criminal Court, New York County, for further proceedings on the accusatory instrument.

Failure of the Trial Judge to include in the jury charge, as requested, the statutory definitions of “deprive” and “appropriate” (see Penal Law, § 155.00, subds 3, 4) was reversible error in this attempted larceny case. There is no requirement, as the Appellate Term found, that a “unique and difficult” larcenous intent issue be presented by the evidence before such amplifying definitions must be given.…