Legal Opinion
People v. Green
New York Court of Appeals
Decided November 21, 2005PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
In a prosecution for robbery of a specific chattel, is a defendant who in good faith believed that the property was his entitled to a “claim-of-right” jury instruction? Both because the Legislature has limited the availability of the statutory claim-of-right defense to prosecutions for larceny by trespass or embezzlement (see Penal Law § 155.15 [1]), and because public policy considerations militate against encouraging the use of forcible self-help to recover property, we conclude that he is not.
Facts
On December 7, 2001, defendant and two acquaintances…
2Cases cited7 opinions
- People v. BoettcherNew York Court of Appeals · 1987
- People v. TufungaCalifornia Supreme Court · 1999
- People v. ReidNew York Court of Appeals · 1987
- People v. CheslerNew York Court of Appeals · 1980
- People v. ZinkeNew York Court of Appeals · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- People v. KenyonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ZonaNew York Court of Appeals · 2010
- People v. GorhamAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BowmanAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HeronAppellate Division of the Supreme Court of the State of New York · 2015
41 more not listed; retrieve them via the Exa API.