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60 N.Y.2d 771

People v. Stack

New York Court of Appeals

Decided October 20, 1983

New York Court of Appeals · decided 1983-10-20

Decided 1983-10-20

¶1*772OPINION OF THE COURT

¶2Memorandum.

¶3The order of Appellate Term should be reversed, and a new trial ordered.

¶4Inasmuch as the crime of attempted grand larceny in the third degree requires proof that the property which defendant allegedly attempted to steal be valued in excess of $250, it was reversible error for the court to charge the jury that the value of the property was irrelevant. (Cf. People v Kaminski, 58 NY2d 886.)

¶5Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

¶6On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed and a new trial ordered in a memorandum.

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