People v. Malave

OPINION OF THE COURT

Muriel Hubsher, J.

The defendant is charged with petit larceny (Penal Law § 155.25) arising out of a "buy and bust” operation in which the undercover officer allegedly gave the defendant United *106States currency and the defendant fled without providing the officer with the agreed upon crack cocaine. The defendant moves to dismiss the information for facial insufficiency. (CPL 170.30 [1] [a]; 170.35.)

The defendant contends that he cannot be charged with the crime of petit larceny. He argues that he did not wrongfully take the United States currency but rather was given the…