PEOPLE v. GARRY


176 A.D.2d 145 (1991)

The People of the State of New York, Respondent, v. Arthur Garry, Appellant

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

September 17, 1991


Defendant was convicted of stealing the complainant's wallet as complainant stood in line at a movie theatre preparing to pay for a ticket. His defense was, essentially, that he had been running a three card monte game up the block from the movie theatre, and that the complainant, having placed and lost a bet, then grabbed all the money out of defendant's hand and proceeded to walk away. According to defendant, he merely recovered his own money.

The trial court did...

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