People v. Allan

I would affirm the judgment, convicting defendant, after a jury trial, of grand larceny in the fourth degree and sentencing him as a predicate felony offender to an indeterminate term of from two to four years imprisonment.

While, in some respects, the trial court’s jury charge was overly expansive and the more advisable practice would have been for the court to have given the charge as set forth in the Criminal Jury Instructions (see, People v Stinson, 186 AD2d 23; People v Nunez, 182 AD2d 527, lv denied 80 NY2d 836; People v Jones, 181 AD2d 463), reversal of defendant’s conviction is…