PEOPLE v. GREEN


11 A.D.3d 559 (2004)

782 N.Y.S.2d 643

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREVOR GREEN, Appellant.

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

October 12, 2004.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly refused to charge the jury on the "claim of right" defense since such a defense is only available in a larceny prosecution, not in a robbery prosecution (see Penal Law § 155.15 [1]; People v Reid, 69 N.Y.2d 469, 476 [1987]; People v Thomas, 162 A.D.2d 742,

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