People v. Brewer, 176 A.D.2d 145 (N.Y. App. Div. 1991). · Go Syfert
People v. Brewer, 176 A.D.2d 145 (N.Y. App. Div. 1991). Cases Citing This Book View Copy Cite
7 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Thomas (nyappdiv, 2024-03-19)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2024 · confidence medium
The victim's testimony was consistent that her wallet contained credit cards at the time it was stolen by defendant, a circumstance that necessarily elevates the offense to grand larceny in the fourth degree ( see People v Brewer , 176 AD2d 145, 146 [1st Dept 1991], lv denied 79 NY2d 825 [1991]).
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2024 · confidence medium
The victim's testimony was consistent that her wallet contained credit cards at the time it was stolen by defendant, a circumstance that necessarily elevates the offense to grand larceny in the fourth degree ( see People v Brewer , 176 AD2d 145, 146 [1st Dept 1991], lv denied 79 NY2d 825 [1991]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Reggie Brewer
Appellate Division of the Supreme Court of the State of New York.
Sep 17, 1991.
176 A.D.2d 145
1991 N.Y. App. Div. LEXIS 12122
Cited by 2 opinions  |  Published

Judgment, Supreme Court, New York County (Alfred Kleiman, J.), rendered August 11, 1989, convicting defendant of grand larceny in the fourth degree and criminal possession of stolen property in the fourth de[*146] gree, and sentencing him to concurrent prison terms of 2 to 4 years, unanimously affirmed.

In prosecutions for grand larceny in the fourth degree (Penal Law § 155.30 [4]) and criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [2]), the People are not required to prove that a defendant knew that a wallet he planned to steal contained a credit card. (People v Mitchell, 77 NY2d 624, 626-628.) No reasonable view of the evidence could support a finding that the defendant here committed only petit larceny and criminal possession of stolen property in the fifth degree, and not grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree. The stolen wallet contained credit cards, a circumstance that necessarily elevates the offenses to the greater degree. Thus, the trial court properly refused to submit the lesser included offenses. Concur — Sullivan, J. P., Milonas, Ross, Asch and Smith, JJ.