People v. Scunziano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Viewing the evidence adduced at the trial in a light most favorable to the People (People v Contes, 60 NY2d 620), we find that it was legally sufficient to support the conviction. *646The complainant testified that the defendant handcuffed him and stole a radio and cash from his apartment. Although the defendant contended that the radio rightfully belonged to him, we have repeatedly held that the "claim of right” defense under Penal Law § 155.15 (1) is not available in robbery prosecutions (see, People v Reid, 69 NY2d 469; People v Valente, 129 AD2d 824; People v Hodges, 113 AD2d 514, lv denied…
2Cases cited8 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. . GaimariNew York Court of Appeals · 1903
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. ReidNew York Court of Appeals · 1987
- People v. HodgesAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by3 opinions
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1990
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2004
- People v. WellsAppellate Division of the Supreme Court of the State of New York · 1990