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PEOPLE v. HARRISON

35 A.D.3d 52 (2006)

822 N.Y.S.2d 520

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VENUS HARRISON, Appellant.

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

October 17, 2006.

Attorney(s) appearing for the Case

Gail Gray, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Paula-Rose Stark and Deborah L. Morse of counsel), for respondent.

SAXE, J.P., GONZALEZ, CATTERSON and McGUIRE, JJ., concur.

OPINION OF THE COURT

MALONE, J.

This appeal raises the issue of whether, in the aftermath of People v Green (5 N.Y.3d 538 [2005]), decided subsequent to defendant's trial, the court erred in answering "yes" to the jury's note asking, "If a person attempts to forcibly regain property that he or she truly believed is his or hers, does that make that person subject to the law of attempted robbery." Because of Green...

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