Legal Opinion

People v. Green

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

Decided December 15, 1998Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (James Leff, J.), rendered June 12, 1996, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a determinate term of 10 years, unanimously affirmed.

Reading the court’s instruction as a whole, we conclude that the court did not undermine defendant’s ability to present his defense of no forcible taking, nor did it evince a disbelief in defendant’s trial testimony, when it charged the jury that “claim of right” was not a defense in this case. A fair reading of the record…

2Cases cited8 opinions

  1. People v. HokeNew York Court of Appeals · 1984
  2. People v. DiLucaAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. CubinoNew York Court of Appeals · 1996
  4. People v. TuckerNew York Court of Appeals · 1991
  5. People v. StewartNew York Court of Appeals · 1993

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