State v. Preston

Facts

D entered Milk Plus. A customer of the store noticed d conceal several packs of cigarettes under his shirt. The customer alerted the cashier, Karem Shaham. Shaham also observed d's conduct. D then attempted to leave the store without paying for the cigarettes, Shaham jumped over the counter and attempted to detain the D. A struggle ensued, during which Shaham ripped d's shirt, and several packs of cigarettes fell to the floor. When he tore d's shirt, Shaham noticed D also had three bottles of liquor concealed on his person. Suspecting that the liquor had been taken from an affiliated, neighboring store, Grasmere Liquor Store, Shaham seized one of the bottles and put it on the counter. The struggle moved into the parking lot. Shaham attempted to recover another liquor bottle from D. D wrested the bottle from Shaham and held it over Shaham's head as if to strike him. d then escaped into a car that was waiting for him in the parking lot. Thereafter, Shaham entered Grasmere Liquor Store and confirmed that three bottles of liquor, identical to those he had observed in the defendant's possession, were missing from the liquor store. At trial, D claimed the SODDIT (Some Other Dude Did It) defense, and he had not been at Milk Plus when the crime was committed. D requested that the court instruct the jury on the lesser included crimes of robbery in the third degree and larceny in the sixth degree. On the sixth degree, D maintained that the jury reasonably could find that 'no force was used and that no robbery took place but that items valued less than $ 100 were taken.' The trial court granted the request with respect to robbery in the third degree but denied D's request for an instruction on larceny in the sixth degree. D was convicted and appealed. The Appellate Court held that D was entitled to an instruction on larceny and, therefore, reversed the trial court's decision. P appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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