People v. Harrison

OPINION OF THE COURT

Malone, J.

This appeal raises the issue of whether, in the aftermath of People v Green (5 NY3d 538 [2005]), decided subsequent to defendant’s trial, the court erred in answering “yes” to the jury’s note asking, “If a person attempts to forcibly regain property that he or she truly believed is his or hers, does that make that person subject to the law of attempted robbery.” Because of Green (id.), we must find that the court’s response was erroneous and that the error was not harmless. Accordingly, we reverse and remand the matter for a new trial.

At trial, the prosecution…