People v. Johnson

Jasen, J. (concurring).

I agree with the conclusion reached by the court that the order of the Appellate Division should be reversed, but I do so for a reason other than that stated by the majority. I believe that the Trial Justice erred in refusing to submit the crime of petit larceny to the jury for its consideration. However, in my view, this error was harmless since the jury, as evidenced by the other portions of its verdict, clearly rejected the defendant’s stated version of the event at issue.

There is no dispute that in the early morning hours of March 26, 1971, in the vicinity of 128th…