People v. Greene
New York Court of Appeals
41 N.Y.3d 950 (2024)
- Written by Nathan Benedict, JD
Facts
Jayne Chu and her boyfriend Benjamin Olschner were walking home from a date when Chu stepped off the sidewalk into the street to avoid walking directly in front of a funeral home, which she considered bad luck. A cyclist, Fabian Greene (defendant), who was riding the wrong way down the street, swerved to avoid them and yelled at them that they were in the way. A protracted verbal argument ensued. Chu threatened to call the police and attempted to take a picture of Greene with her phone. Greene grabbed the phone and rode off on his bike, leaving behind his bag. Because Greene had stated his name during the confrontation, Chu and Olschner were able to find his Facebook account, which they provided to the police. Greene was located at a nearby internet café and was arrested. Greene was convicted of larceny and perjury related to his grand-jury testimony. Due to his record, he received a sentence of four to eight years in prison. The Appellate Division affirmed. The New York Court of Appeals affirmed as modified.
Rule of Law
Issue
Holding and Reasoning ()
Concurrence (Wilson, C.J.)
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