People v. Hutchinson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

With respect to his conviction for attempt to commit robbery, defendant contends that inasmuch as he was charged with attempting to steal money “from Dennis O’Connor”, the People were required to prove that O’Con-nor was an “owner”, i.e., a “person who has a right to possession * * * superior to that of the taker” (Penal Law, § 155.00, subd 5). The jury was charged in the language of the statute, which did not require proof here that O’Connor had an independent right of possession but only that he had a…