People v. Zona

*1280Appeal from a judgment of the Seneca County Court (W Patrick Falvey, J.), rendered July 3, 2008. The judgment convicted defendant, upon a jury verdict, of petit larceny.

It is hereby ordered that the judgment so appealed from is reversed on the law and a new trial is granted.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of one count of petit larceny (Penal Law § 155.25), defendant contends that County Court erred in denying his request to charge the jury on the claim of right defense (see § 155.15 [1]; People v Chester, 50 NY2d 203 [1980]). We agree. Viewing the…