People v Drago

Holding The court vacated the defendant’s petit larceny conviction and remanded for a new trial because the trial court failed to instruct the jury on the defense of a good faith claim of right. The majority determined that evidence, including prior removal of memorial items and a specific jury note, reasonably supported the defense, making the failure to charge it reversible error.

The court’s words

the court must view the evidence adduced at trial in the light most favorable to the defendant

2026 NY Slip Op 05807, at the official text

The charge must be given if there is evidence reasonably supportive of the defense, even if there is other evidence which, if credited, would negate it

2026 NY Slip Op 05807, at the official text

questions as to the credibility of the defendant's testimony or inconsistences in the evidence presented do not disentitle the defendant to an instruction on the defense

2026 NY Slip Op 05807, at the official text

If the evidence sufficiently supports a defense, a failure by the court to charge the jury constitutes reversible error

2026 NY Slip Op 05807, at the official text

the court's failure to charge the jury with this defense constitutes reversible error

2026 NY Slip Op 05807, at the official text

the Supreme Court improvidently exercised its discretion in admitting certain text messages sent by the decedent

2026 NY Slip Op 05807, at the official text

the defendant's contention that the People's proof at trial was insufficient to prove the criminally negligent homicide charge beyond a reasonable doubt was waived

2026 NY Slip Op 05807, at the official text