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PEOPLE v. GREEN

5 N.Y.3d 538 (2005)

841 N.E.2d 289

807 N.Y.S.2d 321

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

Court of Appeals of the State of New York.

Decided November 21, 2005.

Attorney(s) appearing for the Case

Lynn W.L. Fahey, New York City, and Mae C. Quinn for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Anastasia Spanakos-Orfan and John M. Castellano of counsel), for respondent.

Before: Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

In a prosecution for robbery of a specific chattel, is a defendant who in good faith believed that the property was his entitled to a "claim-of-right" jury instruction? Both because the Legislature has limited the availability of the statutory claim-of-right defense to prosecutions for larceny by trespass or embezzlement (see Penal Law § 155.15 [1]), and because...

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