People v. Washington

OPINION OF THE COURT

Herbert Kramer, J.

Does the withholding of the promised drugs or refusal to return currency, during a face-to-face drug buy, constitute a "taking from the person” pursuant to Penal Law § 155.30 (5)?

FACTS

Defendant Ryan Washington was indicted for robbery in the second degree and grand larceny in the fourth degree. After a jury trial defendant was acquitted of the robbery charge but *896convicted of grand larceny in the fourth degree (Penal Law § 155.30 [5]).1

Complainant, at a known drug location, initiated a drug transaction with the defendant. The complainant gave the defendant…