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PEOPLE v. BLUME

48 A.D.2d 616 (1975)

The People of the State of New York, Respondent, v. Jack Blume, Appellant

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

May 13, 1975

The requested charge to include petit larceny as a lesser included crime of grand larceny in the third degree, though refused, should have been given. On a reasonable view of the evidence the jury could well have found that the watchband was not taken from the person of the complainant but was picked up from the floor after the fight was over. (CPL 300.30, subd 1; People v Iglesias, 40 A.D.2d 778). We have considered the other points...

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