People v. Zona

Fahey and Peradotto, JJ.

(dissenting). We respectfully dissent

because in our view, County Court properly denied defendant’s request to charge the jury on the defense of claim of right. We cannot agree with the majority that there is a reasonable view of the evidence, viewed in the light most favorable to defendant (see People v Banks, 76 NY2d 799, 800 [1990]), that would enable a jury to find that defendant took property from the surplus warehouse of the Seneca County Sheriffs Department “under a claim of right made in good faith” (Penal Law § 155.15 [1]; see People v Cunningham, 12 AD3d 1131,…