Tuesday, February 17, 2009

Reasonable View of Evidence That Defendant Took Title Under Claim of Right

In People v. Michael Baroody, the Fourth Department ruled that there was a reasonable view of the evidence that the defendant in this petit larceny prosecution took possession of the allegedly stolen items under a "claim of right". The facts supporting the charge were as follows:
"Defendant testified at trial that the owner of the auto shop had informed defendant that those tires had been "laying around [and] were not wanted."Defendant's testimony was supported by the testimony of a customer of the auto shop, who heard the owner tell defendant that items left at the shop for a period exceeding 30 days became the property of the auto shop, as well as by the testimony of State Police investigators to whom defendant related that he had been told by the owner of the auto shop that the tires were not wanted."