Appellate Division of the Supreme Court of the State of New York December 18, 2007 (People v. Cyrus)

OPINION OF THE COURT

Gonzalez, J.

The critical issue at this criminal trial was whether defendant merely stole property from a Duane Reade store, thereby committing the misdemeanor crime of petit larceny, or whether he brandished a box cutter during the course of the theft, elevating his conduct to the crime of felony robbery.