People v. Wilson

OPINION OF THE COURT

Budd G. Goodman, J.

The defendant has moved, on the eve of trial, to dismiss count one of the indictment, charging him with grand larceny in the third degree.

The defendant’s motion to dismiss is denied.

The defendant contends that count one of the indictment (grand larceny in the third degree) must be dismissed because what was allegedly stolen by the defendant (food consumed by the defendant and his invited guests at a restaurant which was not paid for) constituted a theft of services, rather than a *678theft of property, which is not properly prosecutable under the larceny…