PEOPLE v. JOHNSON

13059, 4443/11

120 A.D.3d 1154 (2014)

992 N.Y.S.2d 884

2014 NY Slip Op 06545

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELLUS JOHNSON, Appellant.

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

Decided September 30, 2014.


We reject defendant's argument that his convictions on counts relating to his taking of the victim's wallet and phone were against the weight of the evidence with respect to the element of larcenous intent. The evidence supports the conclusion that, at the time of the taking, defendant intended to permanently deprive the victim of those items, even though defendant then discarded those items, apparently to divert the victim as defendant escaped with the victim's debit card...

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