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Articles Posted in New York City

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Court Rules Upon Third Petit Theft Conviction, Offense is a Felony

In a court proceeding, a man filed an appeal for his conviction and sentence for felony petit theft. He asserts that the subsection of the statue convicting him does not permit consideration of convictions for petit larceny. A New York Criminal Lawyer said that based on records, petit theft is…

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Court Discusses Act of Depraved Indifference in Murder Trial

On July 1, 2005, after spending several hours in a bar in Manhattan, at which he consumed at least six beers, the defendant attended a friend’s party in Merrick in Nassau County. He arrived at the party, which consisted of a small gathering of his friends. The house where the…

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Court Discusses the Elements of Petit Larceny

In this petit larceny case, this court reversed appellant’s conviction for robbery and “remanded for judgment and sentence for petit larceny.” However, after remand, at the state’s request, the trial court sentenced appellant for felony petit theft. A Seminole Petit Larceny Lawyer said that, appellant appeals, arguing that the charging…

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Defendants Claim Court Erred in Sentencing

The Facts of the Case: A building containing offices and retail establishments was broken into and burglarized. Moments after the silent alarm system went off, the appellants, along with a third person, were found inside including various tools that were apparently used in the burglary. Consequently, appellants were charged and…

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Court Discusses Application of Harmless Error Rule in Theft Case

The Facts of the Case: Petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this request was denied. Thereafter, the jury found…

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Court Discusses Intent in Petit Larceny Charges

The Facts of the Case: The appellant was charged with the criminal act of breaking and entering with intent to commit a misdemeanor, viz.: petit larceny. The information charged three elements: unlawful breaking, unlawful entry and the intent to commit petit larceny. A New York Criminal Lawyer said the jury…

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Court Discusses Grand Larceny vs. Petit Larceny Charges

A man knocked on an apartment door. He claimed to be delivering something for the resident in the apartment. He asked the resident for some personal identification. The resident of the apartment left the apartment door open and left the man at the door while she went inside the apartment…

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Court Distinguishes Between Petit Larceny and Felony Petit Larceny

The state charged appellant with armed robbery and resisting a merchant. The jury found her guilty of the lesser included offense of petit theft and resisting a merchant. The trial court adjudicated her guilty of the two misdemeanors. At sentencing, however, the court reclassified her conviction pursuant to section 812.014(2)(c),…

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Court Looks at Intent to Commit Petit Larceny

A man went to a house in a residential neighborhood. It was eleven thirty in the evening and all the three residents of the house were fast asleep. The man went up the roof and was preparing to enter the house through a bedroom with an open screened window. A…

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Court Discusses Lesser Included Offenses

A man was charged with breaking and entering with intent to commit a felony. He was convicted of the lesser included offense of breaking and entering or entering without breaking with intent to commit a misdemeanor. He appeals the judgment and sentence. A New York Criminal Lawyer said the man…

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