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People v. Haynes

91 N.Y.2d 966 Court N.Y. Decision date 1998-04-30 English

Contents

Majority

p. 966
[695 NE2d 714, 672 NYS2d 845]
The People of the State of New York, Respondent, v Judy Haynes, Appellant.
Argued March 31, 1998;
decided April 30, 1998
p. 967
APPEARANCES OF COUNSEL
Joel Atlas, New York City, and Daniel L. Greenberg for appellant.
Robert M. Morgenthau, District Attorney of New York County, New York City (Tami J. Aisenson and Roña Feinberg of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted of two counts of grand larceny, fourth degree. There was evidence adduced at trial that defendant stole complainant’s purse, which was hanging from the back of a chair on which she was seated. While sitting back in the chair, complainant felt the buckle on the purse strap being pulled across her back as defendant grabbed it. This evidence was sufficient to establish the “from the person” element of Penal Law § 155.30 (5).

Defendant’s remaining contention lacks merit.

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed in a memorandum.