People v. Shurn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Damiani, J. P.
In this case, the victim of an alleged larceny and burglary died prior to trial. The principal issue on this appeal is whether the evidence established that a burglary and larceny had been committed and that the defendant was one of the perpetrators thereof.
In order to establish the charge of petit larceny, the People were required to prove (1) ownership of the property in question, (2) a taking, or asportation, of that property, (3) that the taking was without the owner’s consent, (4) that it was done by the defendant, and (5) that it was done with the…
2Cases cited10 opinions
- Turner v. United StatesSupreme Court of the United States · 1970
- Barnes v. United StatesSupreme Court of the United States · 1973
- Yee Hem v. United StatesSupreme Court of the United States · 1925
- People v. . GalboNew York Court of Appeals · 1916
- Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
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3Cited by27 opinions
- Gainer v. StateCourt of Criminal Appeals of Alabama · 1989
- People v. DonaldsonAppellate Division of the Supreme Court of the State of New York · 1985
- In re Kevin B.Appellate Division of the Supreme Court of the State of New York · 1987
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2003
- In re MaldonadoAppellate Division of the Supreme Court of the State of New York · 1987
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