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People v. Brewer

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1991
176 A.D.2d 145 (N.Y. App. Div. 1991)

Opinion

September 17, 1991

Appeal from the Supreme Court, New York County (Alfred Kleiman, J.).


In prosecutions for grand larceny in the fourth degree (Penal Law § 155.30) and criminal possession of stolen property in the fourth degree (Penal Law § 165.45), the People are not required to prove that a defendant knew that a wallet he planned to steal contained a credit card. (People v. Mitchell, 77 N.Y.2d 624, 626-628.) No reasonable view of the evidence could support a finding that the defendant here committed only petit larceny and criminal possession of stolen property in the fifth degree, and not grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree. The stolen wallet contained credit cards, a circumstance that necessarily elevates the offenses to the greater degree. Thus, the trial court properly refused to submit the lesser included offenses.

Concur — Sullivan, J.P., Milonas, Ross, Asch and Smith, JJ.


Summaries of

People v. Brewer

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1991
176 A.D.2d 145 (N.Y. App. Div. 1991)
Case details for

People v. Brewer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGGIE BREWER…

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

Date published: Sep 17, 1991

Citations

176 A.D.2d 145 (N.Y. App. Div. 1991)
574 N.Y.S.2d 32

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