PEOPLE v. ORTIZ


272 A.D.2d 224 (2000)

709 N.Y.S.2d 395

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ORTIZ, Appellant.

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

Decided May 23, 2000.


The verdict was not against the weight of the evidence. The testimony fully supported the inference that defendant took the property from the complainant's backpack, and there was no evidence supporting a theory that defendant found the property after it accidentally fell out of the backpack.

The court properly declined to submit to the jury the lesser included offense of petit larceny. Without resort to speculation, the jury would have had no basis upon which to...

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