What is the "taking element" of a larceny claim?
"New York", United States of America
The following excerpt is from People v. Fountain, 2017 NY Slip Op 30674 (U) (N.Y. Cty. Ct. 2017):
The taking element may be satisfied by a showing that the thief exercised dominion and control over the property for a period of time, however temporary, in a manner wholly inconsistent with the owners continued rights. People v. Jennings, 69 N.Y.2d 103, 118 (1986) Asportation is not an essential element in all cases of larceny. People v. Alamo, 34 N.Y.2d 453, 460 (1974); People v. Brenia, 277 A.D.2d 17 (1st Dept. 2000).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the standard of review for a motion where a claim has been made that the claim is not reasonable? (Canada (Federal), Canada)
What are the elements of a civil conspiracy claim? (MultiRegion, United States of America)
How is a claim that jury instructions misstate the elements of a statutory crime reviewed de novo? (MultiRegion, United States of America)
What are the elements to sustain a claim of intentional interference with prospective economic relations? (MultiRegion, United States of America)
What are the elements that a judge will take into consideration when assessing credibility of a witness? (Canada (Federal), Canada)
