Court of Appeals of New York

In a prosecution for attempted robbery in the second degree and other charges stemming from a dispute over cab fare, the judgment of conviction is affirmed, where: 1) the defendant was not entitled to the jury instruction that she requested on her mistake-of-fact defense, claiming that she erroneously but honestly believed that the money she tried to take from the cab driver was hers; 2) a jury instruction that claim of right is not a defense to robbery was proper; and 3) the prosecution met its burden of disproving the mistake-of-fact defense.

Appellate Information

• Decided 04/03/2012
• Published 04/03/2012

Judges

• Pigott

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Svetlana M. Kornfeind, Sara M. Zausmer