5 N.Y.3d 540 (2005)
A defendant in a robbery prosecution is not entitled to a claim-of-right jury instruction, even if they believed in good faith that the property taken was theirs, because the statutory claim-of-right defense is limited to larceny by trespass or embezzlement, and public policy discourages forcible self-help.
Summary
Green was convicted of robbery for forcibly taking a disc player from Pabon, believing it was his stolen property. At trial, Green requested a jury instruction on the claim-of-right defense, arguing he lacked the intent to steal. The trial court denied the request, and the Appellate Division affirmed. The New York Court of Appeals affirmed, holding that the claim-of-right defense is unavailable in robbery prosecutions. The Court reasoned that the Legislature limited the defense to larceny by trespass or embezzlement, and allowing it in robbery cases would encourage the use of force to recover property. While a defendant can argue lack of intent, they are not entitled to a specific claim-of-right jury instruction.
Facts
Defendant Green forcibly took a disc player from Pabon, believing Pabon was among a group who had previously stolen Green’s own disc player. Green approached Pabon, snatched the disc player, and walked away. Pabon followed, asking for it back, at which point one of Green’s associates punched Pabon. Green testified that he believed Pabon was one of the individuals who had stolen his disc player because Pabon resembled one of them and was holding a similar disc player.
Procedural History
Green and an associate were charged with second-degree robbery and criminal possession of stolen property. The trial court denied Green’s request for a jury instruction on the claim-of-right defense. Green was convicted on all counts. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal and affirmed the Appellate Division’s order.
Issue(s)
- Whether a defendant, prosecuted for robbery of a specific chattel, who in good faith believed that the property was his, is entitled to a “claim-of-right” jury instruction?
Holding
- No, because the Legislature has limited the availability of the statutory claim-of-right defense to prosecutions for larceny by trespass or embezzlement, and public policy considerations militate against encouraging the use of forcible self-help to recover property.
Court’s Reasoning
The Court of Appeals reasoned that Penal Law § 155.15(1) provides a claim-of-right defense only for larceny committed by trespassory taking or embezzlement. While a good-faith claim of right negates larcenous intent, this does not automatically extend the defense to robbery cases. The Court acknowledged that robbery is essentially larceny accomplished through force, but the Legislature’s explicit limitation of the claim-of-right defense to specific larceny offenses indicates a deliberate choice not to extend it to crimes involving force. Citing People v. Reid, 69 N.Y.2d 469 (1987), the Court emphasized that if the Legislature intended to excuse forcible taking, it would have explicitly stated so. The court highlighted the policy concerns associated with encouraging self-help through force. A specific jury instruction on claim-of-right defense would give the defendant an unfair advantage by emphasizing one aspect of the proof. The court noted that a defendant can still argue lack of intent based on a claim of right, but is not entitled to a special jury instruction on the defense: “However, simply because a jury might be convinced by a claim-of-right argument, it does not follow that a claim-of-right charge, derived from a statutory defense limited to certain types of larceny, is also available to defendants in robbery prosecutions.”