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PEOPLE v. ATAROUA

7802. 3162/15.

168 A.D.3d 466 (2019)

91 N.Y.S.3d 76

2019 NY Slip Op 00197

The People of the State of New York, Respondent, v. Islam Ataroua, Appellant.

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

Decided January 10, 2019.

In connection with the larceny element of attempted robbery, the offense underlying the felony murder charge, the court, upon defense counsel's request, should have instructed the jury on the definition of "deprive" (Penal Law § 155.00 [3] [a]; see People v Medina, 18 N.Y.3d 98 [2011]). The failure to so charge the jury as requested constitutes reversible error, since such omission...

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