PEOPLE v. BROSNAN


31 A.D.2d 975 (1969)

The People of the State of New York, Respondent, v. Patrick Thomas Brosnan, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 31, 1969


As so modified, judgment affirmed.

With respect to the charge of grand larceny in the first degree, there was insufficient evidence to support the jury's conclusion that appellant took the complainant's pocketbook or, at least, withheld it with intent to appropriate it to his own use. The requisite larcenous intent was not established by the mere fact that appellant did not immediately return the pocketbook after it was found in his truck and handed to him by the...

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