PEOPLE v. JOHNSON

425, 4072/12.

137 A.D.3d 493 (2016)

26 N.Y.S.3d 461

2016 NY Slip Op 01601

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP JOHNSON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 8, 2016.


The court properly denied defendant's request to charge petit larceny as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that he took property without the use of force. The jury would have had no basis for finding that defendant's taking of some of the victim's property was a nonforcible larceny, separate from defendant's undisputed use of force in an unsuccessful attempt to take the victim's laptop during...

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