People v. Rivera

OPINION OF THE COURT

S. Herman Klarsfeld, J.

The defendant waived, a jury trial on charges of attempted grand larceny (Penal Law, §§ 110, 155.30) and jostling (Penal Law, § 165.25). The prosecution called one witness, Police Officer Groves and then rested its case. The defendant called no witnesses on his behalf and then rested his case.

FINDINGS OF FACT

Police Officer Groves first saw the defendant at approximately 6:20 P.M. on August 2, 1979 in a subway station and issued him a ticket for trespass on the charge of failing to pay his fare. The defendant smelled of alcohol. At about 8:15 P.M.…