Legal Opinion

People v. Scunziano

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1988PublishedCited by 3 opinions

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. . GaimariNew York Court of Appeals · 1903
  3. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  4. People v. ReidNew York Court of Appeals · 1987
  5. People v. HodgesAppellate Division of the Supreme Court of the State of New York · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. WellsAppellate Division of the Supreme Court of the State of New York · 1990

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