Legal Opinion

In re Nixon C.

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

Decided October 25, 2012Published

1Opinion of the Court

*621The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Appellant claimed to be interested in buying the victim’s jacket, and asked to try it on. Appellant put on the jacket, but refused to return it despite repeated requests to do so, over an extended period of time. When the victim finally attempted to take back his jacket, appellant began fighting with him. The evidence supported the inferences that appellant intended to permanently deprive the victim of the jacket (see e.g. Matter of…

2Cases cited2 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. NievesAppellate Division of the Supreme Court of the State of New York · 2007

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