PEOPLE v. McDONALD

6573, 1413/08

91 A.D.3d 515 (2012)

937 N.Y.S.2d 184

2012 NY Slip Op 292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KORAN McDONALD, Appellant.

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

Decided January 19, 2012.


Defendant did not preserve his claim that the court should have given the jury full statutory definitions of the terms "deprive" and "appropriate" set forth in subdivisions (3) and (4) of Penal Law § 155.00, and we decline to review it in the interest of justice. As an alternative holding, we find no basis for reversal. The concept that a deprivation or appropriation must be intended to be permanent or virtually permanent is an essential part of the definition of larcenous...

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