People v. Denny

Appellate Division of the Supreme Court of New York

People v. Denny

33 A.D.2d 805, 307 N.Y.S.2d 842, 1969 N.Y. App. Div. LEXIS 2499

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 1969

StatusPublished

This text of 33 A.D.2d 805 (People v. Denny) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Denny, 33 A.D.2d 805, 307 N.Y.S.2d 842, 1969 N.Y. App. Div. LEXIS 2499 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 21, 1962, convicting him of grand larceny in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. The findings of fact below are affirmed. It was prejudicial error to refuse to submit to the jury the lower degree of petit larceny (People v. Malave, 21 N Y 2d 26, 29). Since [806]*806appellant has completed his sentence, the indictment should be dismissed (People v. Kvalheim, 17 N Y 2d 510). Christ, Acting P. J., Rabin, Benjamin, Martuscello and Kleinfeld, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 21, 1962, convicting him of grand larceny in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. The findings of fact below are affirmed. It was prejudicial error to refuse to submit to the jury the lower degree of petit larceny (People v. Malave, 21 N Y 2d 26, 29). Since [806]*806appellant has completed his sentence, the indictment should be dismissed (People v. Kvalheim, 17 N Y 2d 510). Christ, Acting P. J., Rabin, Benjamin, Martuscello and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 805, 307 N.Y.S.2d 842, 1969 N.Y. App. Div. LEXIS 2499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-denny-nyappdiv-1969.