Defendant is charged by information with petit larceny, criminal possession of stolen property in the fifth degree, unauthorized use of a motor vehicle in the third degree and criminal mischief in the fourth degree, in that he was a passenger in a stolen and damaged car. Defendant has moved to…
The following two (2) cases involve the reduction of a grand larceny conviction to petit larceny and its corresponding sentence due to the insufficiency of evidence presented during trial. On March 7, 1988, the criminal defendant in this first case was charged with robbery in the second degree, grand larceny…
A man entered a home in Dade County, Florida. He did this in the middle of the night without the knowledge and consent of the two people who lived in the premises, a brother and a sister. The man ransacked the house and took away with him a color television…
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. The jury found appellant guilty of two of…
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…
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…
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…
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…
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…
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…