People v. Garry

— Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered August 12, 1988, convicting defendant after a jury trial of grand larceny in the fourth degree, and sentencing him as a predicate felony offender to an indeterminate prison term of from 2 to 4 years, unanimously affirmed.

Defendant was convicted of stealing the complainant’s wallet as complainant stood in line at a movie theatre preparing to pay for a ticket. His defense was, essentially, that he had been running a three card monte game up the block from the movie theatre, and that the complainant, having placed and…