PEOPLE v. RAMOS

2640, 907/13.

146 A.D.3d 443 (2017)

2017 NY Slip Op 00072

43 N.Y.S.3d 747

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCO RAMOS, Appellant.

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

Decided January 5, 2017.


The verdict was not against the weight of the evidence, as viewed in light of the elements of the crime as charged to the jury (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). In the factual context of the case, the court's reference to lack of consent in its definition of larceny did not refer to the victim's physical relinquishment of a check, which was undisputedly consensual at the moment of the transfer, but to the victim...

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