PEOPLE v. MOORE

Ind. No. 5365/10. Appeal No. 11962. Case No. 2018-2765.

187 A.D.3d 445 (2020)

129 N.Y.S.3d 773

2020 NY Slip Op 05460

The People of the State of New York, Respondent, v. Diane Moore, Appellant.

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

Decided October 6, 2020.


The trial court properly denied defendant's request to submit petit larceny and criminal possession of stolen property in the fifth degree as lesser included offenses. No reasonable view of the evidence, viewed in the light most favorable to defendant, supported the conclusion that defendant stole only one, not two, Canada Goose coats, each valued at $900, thereby leaving the total value of the stolen merchandise below the threshold to be convicted of the greater offenses...

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