Legal Opinion

People v. Desnoyer

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 2008PublishedCited by 2 opinions

1Opinion of the Court

*298The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility.

The court properly denied defendant’s request to submit the lesser included offense of petit larceny, since there was no reasonable view of the evidence, viewed most favorably to defendant, that he stole the victim’s wallet, but that the wallet did not contain any credit cards (see People v Negron, 91 NY2d 788 [1998]).

The court properly denied defendant’s mistrial motion (the only remedy requested), made…

2Cases cited4 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. NegronNew York Court of Appeals · 1998
  3. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. MateenAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2024
  2. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2024

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