PEOPLE v. VATAJ

10478, 2468/10.

107 A.D.3d 610 (2013)

967 N.Y.S.2d 644

2013 NY Slip Op 4883

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR VATAJ, Appellant.

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

Decided June 27, 2013.


The court properly declined to submit petit larceny as a lesser included offense. No reasonable view of the evidence, viewed in the light most favorable to defendant, supported the conclusion that defendant and his codefendants picked up the victim's cell phone from the floor rather than stealing it from his person by removing it from the victim's hand while he was sleeping (see e.g. People v Miranda, 66 A.D.3d 509 [1st Dept 2009...

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