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People v. Brand

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 457 (N.Y. App. Div. 1991)

Opinion

February 4, 1991

Appeal from the County Court, Nassau County (Winick, J.).


Ordered that the judgment is affirmed.

The defendant was found guilty of grand larceny in the fourth degree, as charged under Penal Law § 155.30 (4), for stealing a credit card. She contends that the trial court erred in refusing to charge the lesser included offense of petit larceny. We disagree. There was no reasonable view of the evidence upon which the jury could have found the defendant guilty of petit larceny but not of grand larceny (see, People v Glover, 57 N.Y.2d 61; People v Winfield, 145 A.D.2d 449).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Brown, J.P., Balletta, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Brand

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 457 (N.Y. App. Div. 1991)
Case details for

People v. Brand

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WANDA BRAND, Appellant

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

Date published: Feb 4, 1991

Citations

170 A.D.2d 457 (N.Y. App. Div. 1991)