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PEOPLE v. MEDINA

No. 186.

18 N.Y.3d 98 (2011)

2011 NY Slip Op 8224

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN MEDINA, Appellant.

Court of Appeals of New York.

Decided November 17, 2011.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel LLP, New York City ( Noah H. Bishoff of counsel), and Legal Aid Society, Criminal Appeals Bureau (Steven Banks and Andrew C. Fine of counsel) for appellant.

Robert T. Johnson , District Attorney, Bronx ( T. Charles Won , Joseph N. Ferdenzi and Karen Swiger of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The question before the Court in this appeal from a first-degree robbery conviction is whether the trial court's failure to charge the jury with the statutory definition of "appropriate" and/or "deprive," which forms part of the definition of larcenous intent, is reversible error. We hold that it is.

The Appellate Division, although reducing the sentence, upheld...

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