People v. Wilson

247 A.D.2d 643, 669 N.Y.S.2d 235, 1998 N.Y. App. Div. LEXIS 1721

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered May 30, 1996, convicting him of robbery in the first degree, petit larceny, criminal possession of a weapon in the fourth degree, criminal possession of stolen property in the fifth degree, and menacing in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the defendant’s convictions of robbery in the first degree and petit larceny, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

We agree with the defendant’s contention that the trial evidence was legally insufficient to establish beyond a reasonable doubt his guilt of robbery in the first degree and petit larceny. The People failed to establish that the alleged victim had a right of possession superior to that of the defendant and that the defendant “took” such items from that person (see, Penal Law § 155.00 [5]; § 155.05 [1]; People v Jennings, 69 NY2d 103, 118).

The defendant’s remaining contentions are without merit.

Bracken, J. P., Santucci, Altman and McGinity, JJ., concur.