People v. Zona, 14 N.Y.3d 486 (2010)

A defendant in a larceny case is entitled to a jury instruction on the good faith claim of right defense if there is any reasonable view of the evidence, viewed most favorably to the defendant, that he honestly believed he had a right to the property, regardless of whether that belief was reasonable.

Summary

Defendant, a deputy sheriff, was convicted of petit larceny for taking tires and other items from a Sheriff’s Department surplus warehouse after being told by a superior officer that he could take what he wanted. The New York Court of Appeals reversed the conviction, holding that the trial court erred by refusing to instruct the jury on the good faith claim of right defense. The Court reasoned that there was sufficient evidence for a jury to find that the defendant honestly believed he had permission to take the property, regardless of whether that belief was reasonable. This case clarifies that subjective good faith, not objective reasonableness, is the critical inquiry for the claim of right defense.

Facts

Defendant, a deputy sheriff, was instructed by Undersheriff Larson to move property from a surplus warehouse. Larson told defendant and other deputies that they could take what they wanted from the warehouse. Defendant took five new tires, a boat, and a filing cabinet. He traded the tires for credit towards new tires for his own vehicle. Later, after learning Larson may not have had authority to give the items away, defendant returned the boat and filing cabinet and attempted to repurchase the tires.

Procedural History

Defendant was indicted for petit larceny. The trial court denied defendant’s request to instruct the jury on the good faith claim of right defense. The jury convicted defendant. The Appellate Division reversed, ordering a new trial, finding a reasonable view of the evidence supported the defense. The Court of Appeals affirmed the Appellate Division’s decision.

Issue(s)

Whether the trial court erred in refusing to instruct the jury on the good faith claim of right defense, where the defendant claimed he took the property based on a superior officer’s permission.

Holding

Yes, because there was a reasonable view of the evidence, viewed in the light most favorable to the defendant, that the defendant had a good faith belief that he had the right to take the property.

Court’s Reasoning

The Court of Appeals stated the applicable rule: “In determining whether to instruct a jury on a claimed defense, the court must view the evidence adduced at trial in the light most favorable to the defendant.” The court held that there was sufficient evidence to support the defendant’s claim that he honestly believed his superior officer had the authority to give him the property. The court emphasized that subjective good faith, not reasonableness, is the test. The court also rejected the argument that a defendant must prove prior ownership or possession to assert the claim of right defense, stating that the defense requires only a good faith belief “that the property was appropriated under a claim of right” (Penal Law § 155.15 [1]). The court noted that inconsistencies in the evidence are for the jury to resolve and do not relieve the trial court of its obligation to instruct the jury on a defense if supported by the evidence. Quoting People v. Butts, 72 N.Y.2d 746, 750 (1988), the court stated that even “inconsistency in claimed defenses or even between a defendant’s testimony and a defense ‘should not deprive [the] defendant of the requested charge’ if the charge would otherwise be warranted by the evidence”. The dissent argued that the defendant’s actions, such as lying about how he obtained the tires and attempting to conceal his actions, demonstrated that he knew his actions were illegal and therefore could not have had a good faith belief in his right to take the property.