People v. Foster

I cannot agree with the majority holding that defendants’ taking of the complainant’s property, found by the jury upon sufficient evidence to be wrongful and committed with larcenous intent, must go unpunished because the Legislature has not listed this type of taking in Penal Law *607§ 155.05 (2). Accordingly, I respectfully dissent and would affirm the Appellate Division order reinstating defendants’ convictions.

I

During the period from 1975 through the summer of 1984 complainant Mia Prior was a member of a communal organization, the Provisional Party of Communists (the party). Defendants Foster…