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PEOPLE, res, v. DAMEON JONES, def-ap

4675. PEOPLE, res, v. DAMEON JONES, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Ronald Alfano of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for res — Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered September 9, 2014, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

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4675. PEOPLE, res, v. DAMEON JONES, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Ronald Alfano of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for res — Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered September 9, 2014, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

The court properly declined to charge petit larceny as a lesser included offense of fourth-degree grand larceny, because it was not supported by a reasonable view of the evidence, viewed most favorably to defendant. Defendant’s theory that he took the victim’s phone from an otherwise-empty subway seat was speculative, unsupported by any trial evidence, and contrary to a police officer’s testimony that defendant took the phone from the victim’s pocket (see People v. Vataj, 107 AD3d 610 [1st Dept 2013], lv denied 21 NY3d 1077 [2013]; People v. Holloway, 45 AD3d 477 [1st Dept 2007], lv denied 10 NY3d 766 [2008]). Furthermore, a finding that defendant committed petit larceny would have necessarily depended on that officer’s testimony, and a reasonable view of the evidence cannot be based on “selective dissection” of a witness’s “integrated testimony” (People v. Rivera, 23 NY3d 112, 121 [2014]).

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