From Casetext: Smarter Legal Research

People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 2004
11 A.D.3d 559 (N.Y. App. Div. 2004)

Opinion

2002-10479

October 12, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered November 4, 2002, convicting him of robbery in the second degree (two counts) and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Before: Smith, J.P., Adams, Crane and Lifson, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly refused to charge the jury on the "claim of right" defense since such a defense is only available in a larceny prosecution, not in a robbery prosecution ( see Penal Law § 155.15; People v. Reid, 69 NY2d 469, 476; People v. Thomas, 162 AD2d 742, 743; People v. Scunziano, 140 AD2d 645, 646).

The defendant's contention that the Supreme Court failed to meaningfully respond to the jury's notes is similarly without merit.


Summaries of

People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 2004
11 A.D.3d 559 (N.Y. App. Div. 2004)
Case details for

People v. Green

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREVOR GREEN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 12, 2004

Citations

11 A.D.3d 559 (N.Y. App. Div. 2004)
782 N.Y.S.2d 643

Citing Cases

People v. Green

The Appellate Division affirmed a judgment of the Supreme Court, Queens County (Joseph Rosenzweig, J.), which…

People v. Green

December 28, 2004. Appeal from the 2d Dept: 11 AD3d 559 (Queens). Application in criminal case for leave to…