context: The instructions requested by the defendant; see footnote 7 of this opinion; were overbroad, not only because they included the "deprive" section of the statute, as described previously, but also because they unnecessarily addressed the definition of "appropriate" under SS 53a-118 (a) (4) (A), thus attaching apermanency element to the definition of "appropriate" that SS 53a-118 (a) (4) (B) does not require.
citation_a.signal: see
citation_a.identifier: 35 Conn. App. 566, 580
citation_a.parenthetical: "As we stated previously, the defendant's intent permanently to deprive the associations of their property is not an essential element of the offense of larceny by embezzlement. Thus, there is no reasonable possibility that the trial court's refusal to instruct on it misled the jury."
citation_a.sentence: See State v. Wieler, 35 Conn. App. 566, 580, 645 A.2d 1032 (1994) (“As we stated previously, the defendant’s intent permanently to deprive the associations of their property is not an essential element of the offense of larceny by embezzlement. Thus, there is no reasonable possibility that the trial court’s refusal to instruct on it misled the jury.”), aff'd, 233 Conn. 552, 660 A.2d 740 (1995) (per curiam); contra State v. Kurvin, 186 Conn. 555, 568, 442 A.2d 1327 (1982) (discussing permanency element with regard to “deprive” prong of larceny statute).
citation_b.signal: contra
citation_b.identifier: 186 Conn. 555, 568
citation_b.parenthetical: discussing permanency element with regard to "deprive" prong of larceny statute
citation_b.sentence: See State v. Wieler, 35 Conn. App. 566, 580, 645 A.2d 1032 (1994) (“As we stated previously, the defendant’s intent permanently to deprive the associations of their property is not an essential element of the offense of larceny by embezzlement. Thus, there is no reasonable possibility that the trial court’s refusal to instruct on it misled the jury.”), aff'd, 233 Conn. 552, 660 A.2d 740 (1995) (per curiam); contra State v. Kurvin, 186 Conn. 555, 568, 442 A.2d 1327 (1982) (discussing permanency element with regard to “deprive” prong of larceny statute).