People v. Green
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered November 4, 2002, convicting him of robbery in the second degree (two counts) and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the trial court properly refused to charge the jury on the “claim of right” defense since such a defense is only available in a larceny prosecution, not in a robbery prosecution (see Penal Law § 155.15 [1]; People v Reid, 69 NY2d…
2Cases cited3 opinions
- People v. ReidNew York Court of Appeals · 1987
- People v. ScunzianoAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by1 opinion
- People v. GreenNew York Court of Appeals · 2005