13 Theft Crimes 13 Theft Crimes

13.3 CT Criminal Jury Instruction — Larceny and Robbery 13.3 CT Criminal Jury Instruction — Larceny and Robbery

Connecticut's Criminal Jury Instructions can be useful to law students and new lawyers because they explain crimes and criminal principles in relatively simple terms.  They also include footnotes with references to the binding law from which they are derived, including cases and statutes.

13.3.1 CT Criminal Jury Instruction — Larceny 13.3.1 CT Criminal Jury Instruction — Larceny

The following criminal jury instructions are excerpted below: 

9.1 LARCENY AND OTHER THEFTS

9.1 Introduction to Larceny and Other Thefts

9.1-1 Larceny -- § 53a-119 and §§ 53a-122 through 53a-125b

...

9.1-4 Larceny of a Motor Vehicle -- § 53a-119 and §§ 53a-122 through 53a-124

9.1-5 Larceny from the Person -- § 53a-119 and § 53a-123 (3)

9.1-6 Larceny by Embezzlement -- § 53a-119 (1) and §§ 53a-122 through 53a-125b

...

9.1-10 Larceny by Acquiring Property Lost, Mislaid or Delivered by Mistake -- § 53a-119 (4) and §§ 53a-122 through 53a-125b

9.1-11 Larceny by Extortion -- § 53a-119 (5) and § 53a-122 (a) (1)

....

9.1-15 Larceny by Receiving Stolen Property -- § 53a-119 (8) and §§ 53a-122 through 53a-125b

9.1-16 Larceny by Shoplifting -- § 53a-119 (9) and §§ 53a-122 through 53a-125b

9.1-17 Possession of a Shoplifting Device -- § 53a127f

 

9.1 Introduction to Larceny and Other Thefts

“Section 53a-119 defines the crime of larceny and sets out a nonexclusive list of ways in which that offense may be committed. One determinant of the grade of the offense of larceny is the value of the property stolen. Under our statutory scheme, the grades of that offense range from first degree larceny, which includes thefts of property exceeding $10,000 in value, to sixth degree larceny, which includes thefts of property valued at $250 or less. See General Statutes §§ 53a-122 through 53a-125b. In addition, § 53a-121 (a) explains how the value of property is to be ascertained. . . . Finally, § 53a-121 (b) provides that the value of each of the items alleged to have been stolen may be aggregated for purposes of determining the degree of larceny when the thefts were committed pursuant to one scheme or course of conduct.” State v. Desimone, 241 Conn. 439, 453 (1997).

The degree of larceny depends in most cases on the type and value of the property stolen. The means by which the larceny is committed determines the degree for two offenses: larceny by extortion, which is first degree, and larceny from the person, which is second degree. If the property stolen consists of public records or scientific or technical material, it is larceny in the third degree, regardless of the value of the property. The degree for all other larceny offenses depends on the value of the property. Public Acts 2009, No. 09-138, effective October 1, 2009, increased the dollar amounts for the degrees of larceny. See chart below.

Lesser Included Offenses

Larceny in the first degree and stealing a firearm are separate offenses. State v. Roy, 34 Conn. App. 751, 769-72 (1994), rev’d on other grounds, 233 Conn. 211 (1995). “The degree of larceny is, for the most part, determined by the value of the property taken or, in some cases, by the way in which it is taken. It is not generally determined by the kind of property.” Id., 772.

“Thus, the legislature created other statutes that recognize that the type of property involved is, in some instances, germane to the state’s penological interest.” Id.

Simple larceny may be a lesser included offense of robbery. “The element distinguishing robbery from larceny is the use or threatened use of physical force.” State v. Preston, 248 Conn. 472, 478 (1999) (the defendant’s use of force was not sufficiently in dispute to entitle him to an instruction on larceny as a lesser included offense); State v. Hansen, 39 Conn. App. 384, 406-407 (conviction of both larceny and robbery was a violation of double jeopardy), cert. denied, 235 Conn. 928 (1995).

“Robbery in the first degree . . . entails simple larceny. Larceny from the person is a separate and distinct offense from that of simple larceny. Second degree larceny requires an actual trespass to the person of the victim.” State v. Ortiz, 14 Conn. App. 493, 504, cert. denied, 209 Conn. 804 (1988); see also State v. Littles, 31 Conn. App. 47, 57 (larceny from the person and robbery require proof of distinct elements), cert. denied, 227 Conn. 902 (1993).

9.1-1 Larceny -- § 53a-119 and §§ 53a-122 through 53a-125b

Note: This instruction is for simple larceny, as defined in § 53a-119. Other means of committing larceny are defined in § 53a-119 (1) through (18). See subsequent instructions in this section for the specific type of larceny charged.

Note: The degree of the larceny is determined by the value of the property stolen. See § 53a-122 (first degree); § 53a-123 (second degree); § 53a-124 (third degree); § 53a-125 (fourth degree); § 53a-125a (fifth degree); § 53a-125b (sixth degree). The dollar amounts for the degrees of larceny were increased as of October 1, 2009. See the table in Introduction to Larceny for the values in effect prior to that date.

The defendant is charged [in count__] with larceny in the (first / second / third / fourth / fifth / sixth) degree. The statute defining this offense reads in pertinent part as follows: a person commits larceny when, with intent to

• deprive another of property,

• appropriate property to (himself /herself) or a third person,

(he/she) wrongfully (takes / obtains / withholds) such property from an owner. Larceny simply means theft or stealing. In this case, the property allegedly stolen is .

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Theft of property

The first element is that the defendant wrongfully (took / obtained / withheld) property from the owner. “Wrongfully” means that the defendant had no legal justification or excuse for (taking / obtaining / withholding) the property.

• “Taking” means seizing an article from the possession or control of the person entitled to it whether by force or some other unlawful means.1

• “Obtaining” includes, but is not limited to, bringing about the transfer or purported transfer of property or of a legal interest in the property from the owner to the defendant or to a third person.

• “Withholding” means wrongfully keeping property from its owner.

• “Property” includes any (money / personal property / real property / thing in action / evidence of debt or contract / article of value of any kind). [Commodities of a public utility, such as gas, electricity, steam and water also constitute property.]

• “Service” includes (labor / professional service / public utility and transportation service / the supplying of hotel accommodations / restaurant services / entertainment / the supplying of equipment for use). “Owner” means not only the true or lawful owner, but any person who has a superior right to that of the defendant.

• This would include persons who have possession or custody of property with the permission or authority of the true owner, such as repair persons and employees.

• It would include someone who has wrongful possession of property, from whom that property is later stolen. In other words, a person can be guilty of larceny even when (he/she) has stolen from a thief.

• A joint owner or a common owner of property would not be guilty of larceny of thatproperty if (he/she) took it from the other owner.

• A creditor who has a security interest in the property, even with legal title, cannot take the property from the lawful possession of another unless (he/she) has a specific agreement to that effect. A creditor who wrongfully takes such property may be found guilty of larceny if the other elements of larceny are proved.

Element 2 - Larcenous Intent

The second element is that at the time the defendant (took / obtained / withheld) the property, (he/she) intended to 

• permanently deprive the owner of (his/her) property. To intend to “deprive” another of property means to intend to withhold or keep or cause it to be withheld from another permanently, or for so long a period or under such circumstances that the major portion of its value is lost to that person. In other words, the state must prove beyond a reasonable doubt that the defendant took the property for the purpose of keeping or using it permanently or virtually permanently, or of disposing of the property in such a way that there was a permanent or virtually permanent loss of the property to the owner.

• permanently appropriate the property to (himself / herself) or to a third person. To intend to “appropriate” property of another to oneself or a third person means to intend either to exercise control over the property, or to aid a third person to exercise control over it, permanently, or for so long a period or under such circumstances as to acquire the major portion of its economic value or benefit, or to dispose of the property for the benefit of oneself or a third person.

A person acts “intentionally” with respect to a result when (his/her) conscious objective is to cause such result.

Element 3 - Value of property or services

The third element is that the property had a value that

First degree: exceeded $20,000.

Second degree: exceeded $10,000.

Third degree: exceeded $2,000.

Fourth degree: exceeded $1,000.

Fifth degree: exceeded $500.

Sixth degree: did not exceed $500.

[ In making this determination, you may add or aggregate the value of the property involved. You can only aggregate amounts if the thefts were committed pursuant to one scheme or course of conduct, whether from the same or several persons.]

9.1-4 Larceny of a Motor Vehicle -- § 53a-119 and §§ 53a-122 through 53a-124

Note: The degree of larceny of a motor vehicle is determined by the value of the motor vehicle. See § 53a-122 (first degree); § 53a-123 (second degree); § 53a-124 (third degree). The dollar amounts for the degrees of larceny were increased as of October 1, 2009. See the table in Introduction to Larceny for the values in effect prior to that date.

The defendant is charged [in count__] with larceny in the (first / second / third) degree. The statute defining this offense reads in pertinent part as follows: a person commits larceny when, with intent to

• deprive another of property,

• appropriate property to (himself /herself) or a third person, (he/she) wrongfully (takes / obtains / withholds) such property from an owner.

Larceny simply means theft or stealing. In this case, the property allegedly stolen is a motor vehicle.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Theft of motor vehicle

The first element is that the defendant wrongfully (took / obtained / withheld) a motor vehicle from the vehicle’s owner. “Motor vehicle” has its ordinary meaning and includes any (construction equipment / agricultural tractor / farm implement / major component part of a motor vehicle).

Element 2 - Larcenous intent

The second element is that at the time the defendant (took / obtained / withheld) the motor vehicle, (he/she) intended to

• permanently deprive the owner of (his/her) vehicle.

• permanently appropriate the vehicle to (himself / herself) or a third person.

[ The statute defining the offense of theft of a motor vehicle provides that certain evidence, if believed, may be sufficient to establish intent.2 If you find that the defendant was in control of or possessed a motor vehicle that had been subject to (forcible entry / forcible removal of the ignition / alteration, mutilation or removal of the vehicle identification number), you may then find, but are not required to, that (he/she) knew or should have known that it was stolen, and that (he/she) had the intent to (deprive the owner of the vehicle / appropriate the vehicle to (himself/herself) or a third person. The state must still prove beyond a reasonable doubt that the defendant was the person who stole the motor vehicle involved.]

Element 3 - Value of the motor vehicle

The third element is that the motor vehicle had a value that

First degree: exceeded $20,000.

Second degree: exceeded $10,000.

Third degree: did not exceed $10,000. “Value” means the market value of the motor vehicle at the time and place of the crime

9.1-5 Larceny from the Person -- § 53a-119 and § 53a-123 (3)

Note: Larceny from the person is defined as second degree larceny in § 53a-123 (3) regardless of the nature or value of the property stolen.

The defendant is charged [in count__] with larceny in the second degree. The statute defining this offense reads in pertinent part as follows:

a person commits larceny when, with intent to

• deprive another of property,

• appropriate property to (himself /herself) or a third person,

(he/she) wrongfully (takes / obtains / withholds) such property from an owner. Larceny simply means theft or stealing. In this case, the defendant is charged with committing larceny by taking the property from the person of another.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Theft of property

The first element is that the defendant wrongfully took property from the property owner.

Element 2 - Larcenous intent

The second element is that at the time the defendant took such property, (he/she) intended to

• permanently deprive the owner of (his/her) property •

permanently appropriate the property to (himself / herself) or a third person.

Element 3 - From the person

The third element is that the defendant took the property from the person of another. This means that the item taken was actually on the body or held by or was in some manner attached to the person of _____.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant wrongfully (took / obtained / withheld) property from the property owner, 2) (he/she) did so with the intent to (permanently deprive the owner of (his/her) property / permanently appropriate the property to (himself / herself) or a third person), and 3) (he/she) took the property from ’s person.

9.1-6 Larceny by Embezzlement -- § 53a-119 (1) and §§ 53a-122 through 53a-125b

Note: The degree of the larceny is determined by the value of the property stolen. See § 53a-122 (first degree); § 53a-123 (second degree); § 53a-124 (third degree); § 53a-125 (fourth degree); § 53a-125a (fifth degree); § 53a-125b (sixth degree). The dollar amounts for the degrees of larceny were increased as of October 1, 2009. See the table in Introduction to Larceny for the values in effect prior to that date.

The defendant is charged [in count__] with embezzlement in the (first / second / third / fourth / fifth / sixth) degree. The statute defining this offense reads in pertinent part as follows: a person commits embezzlement when (he/she) wrongfully appropriates to (himself/herself) or to another property of another in (his/her) care or custody.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Property was in the care or custody of the defendant

The first element is that the defendant must have received the property into (his/her) care and custody. This means that (he/she) must have received the property with the understanding that (he/she) would keep it in (his/her) possession or control or that (he/she) would relinquish control of it only for the purpose for which the property had been entrusted to (him/her).

[ The relationship between a debtor and creditor does not give rise to embezzlement, even though the debtor may receive the creditor’s money and use it for a different purpose than contemplated. The loan was received by the debtor for the purpose of using the money for (his/her) own benefit, not that of the creditor.]

Element 2 - Wrongfully appropriated property

The second element is that the defendant wrongfully appropriated the property for (himself/herself) or another person. A person who has been entrusted with the care or custody of property has a duty to use the property only for the purpose intended. The crime occurs when a person departs from this legal duty to use the property only for the benefit of the owner, and instead appropriates it to (his/her) own use or that of some person other than the owner, contrary to the purpose for which (he/she) was entrusted with the property.

“Wrongfully” as used in the statute means without any legal justification or excuse. “To appropriate property of another to oneself or a third person” means

• to exercise control over it or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit. This means that the property has remained in the possession of the defendant, and the owner was permanently deprived of the use or control of the property, or deprived of it for so extended a period of time or under such circumstances that the major portion of the economic value or benefit of the property had been acquired by the defendant or some third person

• to dispose of the property for the benefit of oneself or a third person. The act of disposition is itself sufficient to constitute an appropriation under the statute. To dispose of property means to put it beyond the control of the possessor. A sale or other transfer of property would be a disposition of it. A use of the property that substantially consumes it or permanently transforms its original nature would be a disposition of it.

Element 3 - Larcenous Intent

The third element is that at the time the defendant took the property, (he/she) had the specific intent to appropriate it to (himself/herself) or a third person. A person acts “intentionally” with respect to a result when (his/her) conscious objective is to cause such result. The defendant need not have intended to permanently deprive the owner of the property. (He/She) need only to have appropriated the property to (his/her) own use.

Element 4 - Value of the property

The fourth element is that the property had a value that First degree: exceeded $20,000. Second degree: exceeded $10,000. Third degree: exceeded $2,000. Fourth degree: exceeded $1,000. Fifth degree: exceeded $500. Sixth degree: did not exceed $500

9.1-10 Larceny by Acquiring Property Lost, Mislaid or Delivered by Mistake -- § 53a-119 (4) and §§ 53a-122 through 53a-125b

Note: The degree of the larceny is determined by the value of the property stolen. See § 53a-122 (first degree); § 53a-123 (second degree); § 53a-124 (third degree); § 53a-125 (fourth degree); § 53a-125a (fifth degree); § 53a-125b (sixth degree). The dollar amounts for the degrees of larceny were increased as of October 1, 2009. See the table in Introduction to Larceny for the values in effect prior to that date.

The defendant is charged [in count__] with larceny by acquiring property lost, mislaid, or delivered by mistake in the (first / second / third / fourth / fifth / sixth) degree. The statute defining this offense reads in pertinent part as follows:

a person who comes into control of property of another that (he/she) knows to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of larceny if, with purpose to deprive the owner thereof, (he/she) fails to take reasonable measures to restore the property to a person entitled to it.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Acquired property of another

The first element is that the defendant came into control of the property of another. This means that the defendant took possession of the property or put the property in some place where it would be subject to (his/her) will. It means asserting some dominion or authority over the property by some action, such as moving it to some other location, concealing it, or using it. Some overt act of control is essential.

Element 2 - Knowledge

The second element is that the defendant knew that the property had been lost, mislaid or delivered by mistake. A person acts “knowingly” with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist. <See Knowledge, Instruction 2.3-3.

Element 3 - Failed to take measures to restore property

The third element is that the defendant did not take reasonable measures to restore the property to the owner. What measures are reasonable depends upon the circumstances -- the opportunity to return the property, the identifiability of the owner, the lapse of time, and any other factor bearing on reasonableness. A person is not required, however, to incur any substantial expense in order to return property to the owner

It is specifically provided by another statute that a person who finds and takes possession of any property of more than $1.00 in value must report to the police within forty-eight hours that (he/she) has found such property.1 Therefore, if you find that the defendant failed to report the finding of such property to the police within such time, you may, but are not required to, find that this was unreasonable.

Element 4 - Intent

The fourth element is that the defendant intended to deprive the owner of the property. To intend to “deprive” another of property means to intend to withhold or keep or cause it to be withheld from another permanently, or for so long a period or under such circumstances that the major portion of its value is lost to that person. In other words, the state must prove beyond a reasonable doubt that the defendant took control of the property for the purpose of keeping or using it permanently or virtually permanently, or of disposing of the property in such a way that there was a permanent or virtually permanent loss of the property to the owner.

A person might take control of property that (he/she) knows is lost, mislaid, or delivered by mistake, but would not be guilty of larceny if (he/she) had the intent to restore it to the owner. An intention to use property temporarily would not be an intent to deprive the owner of the property, unless such use involved the loss of a major portion of the value of the property to the owner. An intention to dispose of the property so as to render it unlikely that the owner will recover it would include such actions as a sale or transfer to another person, concealment, or alteration of the property, if such a disposition would render it unlikely that the property would be recovered.

Element 5 - Value

The fifth element is that the property had a value that First degree: exceeded $20,000. Second degree: exceeded $10,000. Third degree: exceeded $2,000. Fourth degree: exceeded $1,000. Fifth degree: exceeded $500. Sixth degree: did not exceed $500.

9.1-11 Larceny by Extortion -- § 53a-119 (5) and § 53a-122 (a) (1)

Note: Larceny by extortion is defined as first degree larceny in § 53a-122 (a) (1) regardless of the nature or value of the property.

The defendant is charged [in count__] with larceny by extortion in the first degree. The statute defining this offense reads in pertinent part as follows:

a person obtains property by extortion when (he/she) compels or induces another person to deliver such property to (himself/herself) or a third person by means of instilling in (him/her) a fear that, if the property is not so delivered, the actor or another will

• § 53a-119 (5) (A): cause physical injury to some person in the future.

• § 53a-119 (5) (B): cause damage to property.

• § 53a-119 (5) (C): engage in other conduct constituting a crime.

• § 53a-119 (5) (D): accuse some person of a crime or cause criminal charges to be instituted against (him/her).

• § 53a-119 (5) (E): expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule.

• § 53a-119 (5) (F): cause a strike, boycott or other collective labor group action injurious to some person’s business.

• § 53a-119 (5) (G): testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.

• § 53a-119 (5) (H): use or abuse (his/her) position as a public servant by performing some act within or related to (his/her) official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

• § 53a-119 (5) (I): inflict any harm that would not benefit the defendant.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Obtained property of another

The first element is that the defendant obtained the property of another.

“Obtaining” property includes, but is not limited to, bringing about the transfer of a legal interest in the property from the owner to the defendant or to a third person. If the legal title or ownership of the property or some legal interest in the property is transferred, such a transfer would constitute “obtaining” under the statute. The property does not need to be physically obtained. If the owner delivered the property intending to transfer legal ownership or some legal interest in the property, sufficient transfer would have occurred.

“Property” includes any (money / personal property / real property / thing in action / evidence of debt or contract / article of value of any kind). [Commodities of a public utility, such as gas, electricity, steam and water also constitute property.]

“Owner” means not only the true or lawful owner, but any person who has a superior right to that of the defendant.

Element 2 - By extortion

The second element is that the defendant compelled or induced the person to deliver the property or service by instilling fear. Extortion means that the defendant instilled in a fear that if the property was not turned over, the defendant or another person would

• § 53a-119 (5) (A): cause physical injury to some person in the future. “Physical injury” means impairment of physical condition or pain. It is a reduced ability to act as one would otherwise have acted. The law does not require that the injury be serious. It may be minor.

• § 53a-119 (5) (B): cause damage to property.

• § 53a-119 (5) (C): engage in other conduct constituting a crime.

• § 53a-119 (5) (D): accuse some person of a crime or cause criminal charges to be instituted against (him/her).

• § 53a-119 (5) (E): expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule.

• § 53a-119 (5) (F): cause a strike, boycott or other collective labor group action injurious to some person’s business.

• § 53a-119 (5) (G): testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.

• § 53a-119 (5) (H): use or abuse (his/her) position as a public servant by performing some act within or related to (his/her) official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

• § 53a-119 (5) (I): inflict any harm that would not benefit the defendant. The state alleges that the defendant The state must prove that the threat or the act of extortion compelled or induced the person to turn over the property.

Element 3 - Larcenous Intent

The third element is that at the time the defendant obtained the property, (he/she) intended to • deprive the owner of (his/her) property. • appropriate the property to (himself / herself) or a third person.

9.1-15 Larceny by Receiving Stolen Property -- § 53a-119 (8) and §§ 53a-122 through 53a-125b

Note: The degree of the larceny is determined by the value of the property stolen. See § 53a-122 (first degree); § 53a-123 (second degree); § 53a-124 (third degree); § 53a-125 (fourth degree); § 53a-125a (fifth degree); § 53a-125b (sixth degree). The dollar amounts for the degrees of larceny were increased as of October 1, 2009. See the table in Introduction to Larceny for the values in effect prior to that date.

The defendant is charged [in count__] with larceny by receiving stolen property in the (first / second / third / fourth / fifth / sixth) degree. The statute defining this offense reads in pertinent part as follows:

a person is guilty of larceny by receiving stolen property if (he/she) (receives / retains / disposes of) stolen property knowing that it has probably been stolen or believing that it has probably been stolen.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Stolen property

The first element is that the defendant (received / retained / disposed of) stolen property. “Stolen property” is property that has been wrongfully taken away from the person who owns or possesses it with the intent of depriving that person of it. It does not matter who stole the property or through how many hands it passed. All you need to determine is that it was stolen property.

• To “receive” means to acquire possession, control or title, or to lend on the security of the property. Physical possession is not essential. It is sufficient if the defendant has control over the property, such as keeping it in (his/her) house or car. It is also sufficient if the defendant has received the property as security on a loan, as in the case of a pawnbroker who lends money in such a situation.

• To “retain” means to keep or hold property. If a person initially received stolen property innocently, (he/she) would be guilty if (he/she) learned later that the property had been stolen and continued to retain it.

• To “dispose of” means to transfer or relinquish possession or control over the property or to effect a virtually permanent or final change in its nature so as to make restoration to the owner impracticable. A sale or pledge of the goods would be a disposition; so would a use of the goods that consumed the greater portion of their economic value

Element 2 - Knowledge

The second element is that the defendant knew or believed that the property had probably been stolen. (He/She) need not have known with certainty that it was stolen property. If (he/she) knew or believed that more probably than not it had been stolen, that would be sufficient.

It would not be enough for you to conclude that the defendant exercised poor judgment when (he/she) acquired the property or that (he/she) was careless and should have suspected that the property was stolen. There must have been an actual belief in the defendant’s mind that the property was, or probably was, stolen.

This belief need not have been present at the time the defendant first acquired the goods. If (he/she) subsequently discovered they had been stolen, (his/her) continued retention of them or (his/her) ultimate disposition of them while having such knowledge would constitute the crime.

Element 3 - Value

The third element is that the property had a value that

First degree: exceeded $20,000.

Second degree: exceeded $10,000.

Third degree: exceeded $2,000.

Fourth degree: exceeded $1,000.

Fifth degree: exceeded $500.

Sixth degree: did not exceed $500.

9.1-16 Larceny by Shoplifting -- § 53a-119 (9) and §§ 53a-122 through 53a-125b

Note: The degree of the larceny is determined by the value of the property stolen. See § 53a-122 (first degree); § 53a-123 (second degree); § 53a-124 (third degree); § 53a-125 (fourth degree); § 53a-125a (fifth degree); § 53a-125b (sixth degree). The dollar amounts for the degrees of larceny were increased as of October 1, 2009. See the table in Introduction to Larceny for the values in effect prior to that date.

The defendant is charged [in count__] with shoplifting in the (first / second / third / fourth / fifth / sixth) degree. The statute defining this offense reads in pertinent part as follows: a person is guilty of shoplifting who intentionally takes possession of any goods, wares or merchandise offered or exposed for sale by any store or other mercantile establishment with the intention of converting the same to (his/her) own use, without paying the purchase price thereof.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Possession

The first element is that the defendant took possession of the property of another. If (he/she) had them in (his/her) hands or on (his/her) person, that would be taking possession of them. It would also be taking possession of them if (he/she) placed them in some place or upon some other person where they would be subject to (his/her) control.

Element 2 - Goods, wares or merchandise

The second element is that the property was either goods, wares or merchandise offered or exposed for sale by a store or other mercantile establishment. The words “goods,” “wares” and “merchandise” have their ordinary meanings and encompass all things that are bought and sold in the marketplace. Such goods, wares or merchandise must be offered or exposed for sale by a store or mercantile establishment.

Element 3 - Intent

The third element is that the defendant specifically intended to convert them to (his/her) own use without paying the purchase price. A person acts “intentionally” with respect to a result when (his/her) conscious objective is to cause such result.

Element 4 - Value

The fourth element is that the property had a value that

First degree: exceeded $20,000.

Second degree: exceeded $10,000.

Third degree: exceeded $2,000.

Fourth degree: exceeded $1,000.

Fifth degree: exceeded $500.

Sixth degree: did not exceed $500

9.1-17 Possession of a Shoplifting Device -- § 53a-127f

The defendant is charged [in count__] with possession of a shoplifting device. The statute defining this offense reads in pertinent part as follows:

a person is guilty of possession of a shoplifting device when such person has in such person’s possession any device, instrument or other thing specifically designed or adapted to advance or facilitate the offense of larceny by shoplifting by defeating any antitheft or inventory control device, under circumstances manifesting an intent to use the same in the commission of larceny by shoplifting.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Possession

The first element is that the defendant had in (his/her) possession any device, instrument or other thing specifically designed or adapted to advance or facilitate the offense of larceny by shoplifting by defeating any antitheft or inventory control device.

Element 2 - Intent

The second element is that the circumstances of the defendant’s possession of the device manifested an intent to use the device in the commission of shoplifting. A person acts “intentionally” with respect to a result when (his/her) conscious objective is to cause such result. A person is guilty of “shoplifting” when (he/she) intentionally takes possession of any goods, wares or merchandise offered or exposed for sale by any store or other mercantile establishment with the intention of converting the same to (his/her) own use, without paying the purchase price.

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant 1) possessed a shoplifting device, and 2) the circumstances were such that it can be inferred that (he/she) intended to use the device in the commission of larceny by shoplifting. If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of possession of a shoplifting device, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.

13.3.2 CT Criminal Jury Instruction — Robbery 13.3.2 CT Criminal Jury Instruction — Robbery

The following criminal jury instructions are excerpted below:

6.4 ROBBERY

6.4 Introduction to Robbery

6.4-1 Robbery in the First Degree -- § 53a-134

6.4-2 Robbery in the Second Degree -- § 53a-135 (a) (1)

6.4-3 Robbery in the Third Degree -- §§ 53a-133 and 53a-136

6.4-4 Carjacking -- § 53a-136a 6.4-5 Robbery in the Second Degree (in a Bank or Credit Union) -- § 53a-135 (a) (2)

6.4-5 Robbery in the Second Degree (in a Bank or Credit Union) -- § 53a-135 (a) (2)

6.4 Introduction to Robbery

Simple robbery is defined in § 53a-133 as a larceny committed with the use or threatened use of physical force. An instruction defining robbery that fails to include the definition of larceny is technically incomplete. State v. Flowers, 69 Conn. App. 57, 70, cert. denied, 260 Conn. 929 (2002). Simple robbery is robbery in the third degree pursuant to § 53a-136. First and second degree robbery are simple robbery with additional elements.

Intent to commit larceny The intent of robbery is the intent to commit larceny; physical force is the means by which larceny is committed. State v. Leggett, 94 Conn. App. 392, 402-403 n.14, cert. denied, 278 Conn. 911 (2006). The aggravating factors in robbery have no separate intent requirement. State v. Rice, 25 Conn. App. 646, 648-49 (1991).

In the course of “It is well established that, under General Statutes § 53-133, if the use of force occurs during the continuous sequence of events surrounding the taking or attempted taking, even though some time immediately before or after, it is considered to be ‘in the course of’ the robbery or the attempted robbery within the meaning of the statute.” State v. Ghere, 201 Conn. 289, 297 (1986) (assault occurred subsequent to the demand for money); State v. Wallace, 56 Conn. App. 730, 740-42 (discussing when subsequent use of force occurs after the completion of the larceny), cert. denied, 253 Conn. 901 (2000); State v. Channer, 28 Conn. App. 161, 169-73 (in the course of the commission of the crime would occur after the defendant or a coparticipant has taken some step in fulfillment of the intent to commit the crime”), cert. denied, 223 Conn. 921 (1992).

Uses or threatens the use of physical force The threat of physical force need not be explicitly uttered. It may be implied. State v. Littles, 31 Conn. App. 47, 54 (“threat” has its ordinary meaning which does not require that a threat be explicitly uttered), cert. denied, 227 Conn. 902 (1993). “An implied threat is as effective as a stated threat, especially when the apparent ability to carry out the threat is overwhelming.” Id.

“Both subdivisions (1) and (2) of General Statutes § 53a-133 refer to the defendant’s purpose in using or threatening force. . . . These two states of mind are hardly conceptually distinct from each other. . . . Both states of mind [involve] an intent to force or intimidate the victims to yield their property so as to permit its taking or retention by the defendant.” (Internal quotation marks omitted.) State v. Torres, 82 Conn. App. 823, 834, cert. denied, 270 Conn. 909 (2004); State v. Brown, 60 Conn. App. 487, 493 (2000); State v. Reyes, 19 Conn. App. 695, 705, cert. denied, 213 Conn. 803 (1989).

Multiple victims “[W]hen a robbery involves multiple victims, the state properly may charge a defendant with a separate count of robbery for each of the victims, or with a single count of robbery for all the victims.” State v. Flores, 301 Conn. 77, 99 (2011). If the state elects to charge a single count of robbery, it only has to prove that one person was robbed. Id.

Lesser included offenses Simple robbery, as defined in § 53a-133 and applied in § 53a-136 (third degree), must be proved before robbery in the first or second degree is established. See State v. Ghere, 201 Conn. 289, 297 (1986). “[A] defendant cannot be convicted of robbery in the first degree without first committing a robbery.” State v. Latorre, 51 Conn. App. 541, 546 (1999).

“It is clear that the essential difference between §§ 53a-134 (a) (4) [robbery in the first degree] and 53a-135 (a) (2) [robbery in the second degree] is the type of weapon used. The former is limited to firearms; the latter includes firearms but is not limited to them.” State v. Gebeau, 55 Conn. App. 795, 799 (1999), cert. denied, 252 Conn. 922 (2000). Therefore, “[f]or the defendant to have been entitled to a charge on the proposed lesser included offense of robbery in the second degree, there must have been some dispute as to the essential differentiating element, use of a firearm, so that he could have been acquitted of the greater offense and convicted of the lesser.” Id. See State v. Harris, 189 Conn. 268, 274-75 (1983) (proof of the operability of the gun was sufficiently in dispute); see also State v. Preston, 248 Conn. 472, 478-79 (1999) (defendant not entitled to a lesser included offense instruction of larceny in the sixth degree, because his use of force for a purpose defined in § 53a-133 was not sufficiently in dispute); State v. Tinsley, 181 Conn. 388, 399-400 (1980) (defendant not entitled to instruction on robbery because it was not sufficiently in dispute whether he was armed or not), cert. denied, 449 U.S. 1086, 101 S. Ct. 874, 66 L. Ed. 2d 811 (1981), overruled on other grounds by State v. Pinnock, 220 Conn. 765, 788 (1992).

Simple robbery and larceny from the person are separate crimes. State v. Wright, 246 Conn. 132, 142 (1998). In Wright, the Court rejected the defendant’s claim under substantive due process that larceny from the person (a C felony) is a less serious crime than simple robbery (a D felony), because even though both crimes are aggravated forms of larceny, “the trespass to the person of the victim . . . that inheres in larceny from the person potentially is a source of greater harm than the force or threat of force that characterizes a simple robbery.” Id., 145-46.

Sentence enhancer: Carjacking General Statutes § 53a-136a provides an enhanced penalty for a robbery involving an occupied motor vehicle. “Carjacking” is not a separate crime. See State v. Edwards, 100 Conn. App. 565, 596, cert. denied, 282 Conn. 928, and cert. denied, 282 Conn. 929 (2007). The statute provides an enhanced penalty for “any person who commits robbery by taking a motor vehicle from the person of another knowing that such motor vehicle is occupied by such other person.”

“Taking” is not defined in the Penal Code, so courts have applied its ordinary meaning. “A criminal taking is ‘[t]he act of seizing an article, with or without removing it, but with an implicit transfer of possession or control.’ Black’s Law Dictionary (7th ed. 1999). Thus, to prove that the defendant took the victim’s vehicle, the state needed to establish that the defendant seized the vehicle from the victim’s power and control.” State v. Toro, 62 Conn. App. 635, 642, cert. denied, 256 Conn. 923 (2001).

That a motor vehicle was taken from another person under the conditions of this statute is a factual finding for the jury to make. This is best accomplished by way of an interrogatory. See Sentence Enhancers, Instruction 2.11-4.

6.4-1 Robbery in the First Degree -- § 53a-134

The defendant is charged [in count__] with robbery in the first degree. The statute defining this offense reads in pertinent part as follows:

a person is guilty of robbery in the first degree when, in the course of the commission of the crime of robbery or of immediate flight therefrom, (he/she) or another participant in the crime

• § 53a-134 (a) (1): causes serious physical injury to any person who is not a participant in the crime.

• § 53a-134 (a) (2): is armed with a deadly weapon.

• § 53a-134 (a) (3): uses or threatens the use of a dangerous instrument.

• § 53a-134 (a) (4): displays or threatens the use of what (he/she) represents by (his/her) words or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.”

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Committed robbery The first element is that the defendant committed a robbery.

Element 2 - Additional factor The second element is that in the course of the commission of the robbery or immediate flight from the crime, the defendant or another participant in the crime

• § 53a-134 (a) (1): caused serious physical injury to any person who was not a participant in the crime. “Serious physical injury” means more than “physical injury,” which is defined as impairment of physical condition or pain. It is more than a minor or superficial injury. It is defined by statute as physical injury that creates a substantial risk of death, or that causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ.

• § 53a-134 (a) (2): was armed with a deadly weapon. “Deadly weapon” is defined by statute as any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles. If the weapon is a firearm, it may be unloaded, but it must be in such condition that a shot may be discharged from it. Thus, if the weapon is loaded but not in working order, it is not a deadly weapon. If the weapon is unloaded but in working order, it is a deadly weapon. The word “armed” simply requires that the weapon be in the defendant’s possession.

• § 53a-134 (a) (3): used or threatened the use of a dangerous instrument. “Dangerous instrument” means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury. “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ. It is important to note that the article need not be inherently dangerous; all that is required is that the article was capable of causing death or serious physical injury under the circumstances in which it was used. Any article or substance, without limitation and even though harmless under normal use, may be found by you to be a dangerous instrument if, under the circumstances of its use or threatened or attempted use, it is capable of producing serious physical injury or death. The state need not prove that in fact death or serious physical injury resulted, only that the instrument had that potential under the circumstances.

• § 53a-134 (a) (4): displayed or threatened the use of what (he/she) represented by words or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. It is not required that the defendant actually have such a weapon. (He/She) need only represent by words or conduct that (he/she) is so armed to be guilty of the crime of robbery in the first degree. It is sufficient if the other person is made to believe that the object is such a weapon or if the defendant holds or wraps the object in such a way as to create the impression that (he/she) is holding a firearm.

“Immediate flight” means that it occurred so close in point of time to the commission of the robbery as to become part of the robbery. The law does not require that the (weapon / dangerous instrument) be used or employed for any particular purpose or object.

[ If any person who participated in the crime (caused serious physical injury / was armed with a deadly weapon / used or threatened to use a dangerous instrument / displayed or threatened the use of what (he/she) represented by words or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm) while in immediate flight from the crime, then all participants in the robbery would be just as guilty of first degree robbery as if they had themselves actually done so. ]

Conclusion

In summary, the state must prove beyond a reasonable doubt that , and that . If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of robbery in the first degree, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.

Commentary

Armed with a deadly weapon

Under subsection (a) (2), “it is not necessary for a weapon to be exhibited, displayed or referred to in order for a person to be considered ‘armed.’ The word ‘armed’ simply requires Connecticut Criminal Jury Instructions that a weapon be in that person’s possession.” State v. Tinsley, 181 Conn. 388, 399-400 (1980), cert. denied, 449 U.S. 1086, 101 S. Ct. 874, 66 L. Ed. 2d 811 (1981), overruled on other grounds by State v. Pinnock, 220 Conn. 765, 788 (1992). Under subsection (a) (2), the state must prove that the firearm used was, in fact, a deadly weapon, capable of firing a shot, but not that the defendant actually discharged it. State v. Torres, 24 Conn. App. 316, 325, cert. denied, 218 Conn. 911 (1991).

Uses or threatens to use a dangerous instrument

Under subsection (a) (3), the defendant must have used or threatened the use of a dangerous instrument. See State v. Dumas, 54 Conn. App. 780, 786-87 (knife used was capable of causing death or serious physical injury), cert. denied, 252 Conn. 903 (1999). “That the victim did not feel threatened by the stick is . . . irrelevant, particularly since the stick was actually used. Furthermore, it is not necessary, under either the definition of first degree robbery or under the definition of a dangerous instrument, that any physical injury actually have been inflicted. It was only necessary that the stick have been ‘under the circumstances in which it [was] used . . . capable of causing death or serious physical injury.’ We cannot state as a matter of law that a hockey stick when used to hit an elderly man is not a dangerous weapon.” State v. Jones, 173 Conn. 91, 95 (1977).

Displays or threatens what is represented as a firearm

Under subsection (a) (4), the defendant must have represented by words or conduct that he or she had a firearm. A defendant need not actually have a firearm. See State v. Sparks, 39 Conn. App. 502, 512-14 (1995); State v. Lanier, 39 Conn. App. 478, 483-85, cert. denied, 235 Conn. 931 (1995). “In determining whether the defendant threatened to use what he represented by words or conduct to be a firearm, the test is not whether the defendant actually had a firearm . . . but whether he displayed or threatened the use of what he represented by his conduct to be a firearm.” (Internal quotation marks omitted.) State v. St. Pierre, 58 Conn. App. 284, 288, cert. denied, 254 Conn. 916 (2000). This subsection does not require the state to prove that any firearm displayed be operable, because it does not require that the defendant actually have a gun at all. State v. Hawthorne, 175 Conn. 569, 573 (1978). However, the subsection contains an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a weapon from which a shot could be discharged,” which is similar to the affirmative defense found in § 53a-16a. If the defendant raises this defense, see Inoperability of Firearm, Instruction 2.9-3.

Sentence Enhancer

General Statutes § 53a-136a provides a sentence enhancement if the robbery involved a carjacking. See Sentence enhancer: Carjacking in the Introduction to Robbery.

6.4-2 Robbery in the Second Degree -- § 53a-135 (a) (1)

The defendant is charged [in count__] with robbery in the second degree. The statute defining this offense reads in pertinent part as follows: a person is guilty of robbery in the second degree when (he/she) commits robbery and

• § 53-135 (a) (1) (A): (he/she) is aided by another person actually present.

• § 53-135 (a) (1) (B): in the course of the commission of the crime or of immediate flight therefrom (he/she) or another participant in the crime displays or threatens the use of what (he/she) represents by (his/her) words or conduct to be a deadly weapon or a dangerous instrument.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Committed robbery

The first element is that the defendant committed a robbery.

Element 2 - Additional factor

The second element is that

• § 53-135 (a) (1) (A): the defendant was aided by another person actually present. To find that the defendant was aided by another person actually present, an accomplice must be found to be present and actively aiding or assisting in the crime. Mere presence of an inactive companion, passive acquiescence, or the doing of innocent acts that may in fact aid the one who commits the crime, does not constitute such aid within the meaning of the statute.

• § 53-135 (a) (1) (B): in the course of the commission of the crime or of immediate flight from the crime (he/she) or another participant in the crime displayed or threatened the use of what (he/she) represented by words or conduct to be a deadly weapon or dangerous instrument. This does not require that the defendant or participant in fact had a deadly weapon or a dangerous instrument, but had an article or instrument that (he/she) represented as such.

“Deadly weapon” is defined by statute as any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles. If the weapon is a firearm, it may be unloaded, but it must be in such condition that a shot may be discharged from it. Thus, if the weapon is loaded but not in working order, it is not a deadly weapon. If the weapon is unloaded but in working order, it is a deadly weapon. The word “armed” simply requires that the weapon be in the defendant’s possession.

“Dangerous instrument” means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury. “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ. It is important to note that the article need not be inherently dangerous; all that is required is that the article was capable of causing death or serious physical injury under the circumstances in which it was used. Any article or substance, without limitation and even though harmless under normal use, may be found by you to be a dangerous instrument if, under the circumstances of its use or threatened or attempted use, it is capable of producing serious physical injury or death. The state need not prove that in fact death or serious physical injury resulted, only that the instrument had that potential under the circumstances.

Conclusion

In summary, the state must prove beyond a reasonable doubt that , and that (he/she) (was aided by another person actually present / displayed or threatened the use of what was represented as a deadly weapon or dangerous instrument). If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of robbery in the second degree, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.

Commentary

Sentence Enhancer

General Statutes § 53a-136a provides a sentence enhancement if the robbery involved a carjacking. See Sentence enhancer: Carjacking in the Introduction to Robbery.

6.4-3 Robbery in the Third Degree -- § 53a-133 and § 53a-136

The defendant is charged [in count__] with robbery in the third degree. The statutes1 defining this offense read in pertinent part as follows: a person is guilty of robbery in the third degree when (he/she), in the course of committing a larceny, uses or threatens the immediate use of physical force upon another person for the purpose of:

• § 53a-133 (1): preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking.

• § 53a-133 (2): compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - In the course of a larceny The first element is that the defendant was committing a larceny. Larceny is a separate offense, which has two elements. The statute defining larceny reads in pertinent part as follows: “A person commits larceny when, with intent to deprive another of property or to appropriate the same to (himself/herself) or a third person, (he/she) wrongfully takes, obtains or withholds such property from an owner.” Larceny simply means theft or stealing. To prove that the defendant was committing larceny, the state must prove beyond a reasonable doubt that 1) the defendant wrongfully (took property/ obtained property / withheld property) from an owner, and 2) that at the time (he/she) intended to deprive the owner of the property or to appropriate such property to (himself/herself) or a third person.

Element 2 - Use of physical force

The second element is that the larceny was accomplished by the use or threatened use of physical force. “Physical force” means the external physical power over the person, which can be effected by hand or foot or another part of the defendant’s body applied to the other person’s body or applied by an implement, projectile or weapon. The gist of robbery, then, is the commission of larceny by the use of physical force or the threat of immediate use of physical force. Physical force may take many forms. If you find that no actual physical force was inflicted upon the other person, but the other person was threatened with physical force, you must also find, to return a verdict of guilty, that the defendant threatened the other person with the immediate use of physical force. If you find that the defendant used physical force or threatened its immediate use in the course of committing a larceny, you must then determine whether such physical force was used or threatened for the purpose of 

• preventing or overcoming resistance to the taking of property or to the retention of property immediately after the taking.

• compelling the owner of the property or another person to deliver up the property or to engage in other conduct that aids in the commission of larceny.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was committing a larceny, and 2) that (he/she) (used physical force / threatened the use of physical force) for the purpose of (preventing or overcoming resistance to the taking of property or to the retention of property immediately after the taking / compelling the owner of the property or another person to deliver up the property or to engage in other conduct that aids in the commission of larceny).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of robbery in the third degree, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty

Commentary

Sentence Enhancer

General Statutes § 53a-136a provides a sentence enhancement if the robbery involved a carjacking. See Sentence enhancer: Carjacking in the Introduction to Robbery.

6.4-4 Carjacking -- § 53a-136a

Note: There is no instruction for this statute.

Commentary

General Statutes § 53a-136a is a sentence enhancement, rather than a separate offense. State v. Edwards, 100 Conn. App. 565, 596, cert. denied, 282 Conn. 928, and cert. denied, 282 Conn. 929 (2007). See Sentence enhancer: Carjacking in the Introduction to Robbery.

6.4-5 Robbery in the Second Degree (in a Bank or Credit Union) -- § 53a-135 (a) (2)

The defendant is charged [in count__] with robbery in the second degree. The statute defining this offense reads in pertinent part as follows:

a person is guilty of robbery in the second degree when in the course of committing a larceny while on the premises of a [bank / Connecticut credit union / federal credit union], intimidates an employee of the [bank / Connecticut credit union / federal credit union] by intentionally engaging in conduct that causes another person to reasonably fear for his or her physical safety or the physical safety of another for the purpose of

• § 53a- 134 (a) (2) (A): preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking of the property.

• § 53a- 134 (a) (2) (B): compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Committed larceny The first element is that the defendant committed larceny.

Element 2 - On premises of bank or credit union The second element is that the larceny occurred on the premises of a bank or credit union.

• “Bank” means a Connecticut bank or a federal bank.

• “Connecticut credit union” means a cooperative, nonprofit financial institution that (A) is organized under the Connecticut Credit Union Act and the membership of which is limited as provided by that act, (B) operates for the benefit and general welfare of its members with the earnings, benefits or services offered being distributed to or retained for its members, and (C) is governed by a volunteer board of directors elected by and from its membership.

• “Federal credit union” means any institution chartered or organized as a federal credit union pursuant to the laws of the United States having its principal office in this state.

Element 3 - Intimidated an employee

The third element is that the defendant intimidated an employee of the (bank / credit union) by intentionally engaging in conduct that causes another person to reasonably fear for his or her physical safety or the physical safety of another for the purpose of:

• § 53-135 (a) (2) (A): preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking of the property.

• § 53-135 (a) (2) (B): compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant committed larceny, 2) the larceny was committed on the premises of a bank or credit union, and 3) the defendant intimidated an employee of the (bank / credit union).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of robbery in the second degree, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.

Commentary

This offense was added by P.A. No. 11-186, § 1, effective January 1, 2012

13.4 State v. Thompson 13.4 State v. Thompson

STATE OF CONNECTICUT v. BRUSHAUN THOMPSON

(AC 29306)

Lavine, Beach and Alvord, Js.

*21Argued January 6

officially released June 22, 2010

Jodi Zils Gagne, special public defender, for the appellant (defendant).

Denise B. Smoker, senior assistant state’s attorney, with whom, on the brief, were David I. Cohen, state’s attorney, and Michael A. DeJoseph, assistant state’s attorney, for the appellee (state).

Opinion

ALVORD, J.

The defendant, Brushaun Thompson, appeals from the judgment of conviction, rendered after *22a jury trial, of two counts of larceny in the first degree by false pretenses in violation of General Statutes §§ 53a-122 (a) (2) and 53a-119 (2), and one count of failure to appear in the first degree in violation of General Statutes § 53a-172 (a) (l).1 The defendant claims that the trial court (1) omitted an essential element of the crime of larceny in the first degree in its jury instruction, thereby depriving him of a fair trial, (2) violated his constitutional right to self-representation by denying his request to represent himself and (3) abused its discretion by denying his motion for a mistrial.2 We disagree with the claims and affirm the judgment of the trial court.

The information alleged two counts of larceny in the first degree by false pretenses against the defendant. Count one alleged that “on or between September 16, 2005, and September 26, 2005, in Westport . . . [the defendant], with intent to deprive another of property or to appropriate the same to himself or a third person, [the defendant] wrongfully took or obtained such property from the owner, to wit: Coach, 155 Main Street, Westport ... by any false token, pretense, or device, [the defendant] obtained property from Coach, with the intent to defraud Coach, and that the value of the property obtained exceeded ten thousand dollars, in violation of . . . General Statutes §§ 53a-122 (a) (2) [and] 53a-119 [2].” Count two alleged that “on or *23between September 16,2005, and September 26,2005, in Newington . . . [the defendant] with intent to deprive another of property or to appropriate the same to himself or a third person, [the defendant] wrongfully took or obtained such property from the owner, to wit: Lowe’s, 3270 Berlin Turnpike, Newington ... by any false token, pretense, or device, [the defendant] obtained property from Lowe’s, with the intent to defraud Lowe’s, and that the value of the property obtained exceeded ten thousand dollars, in violation of . . . §§ 53a-122 (a) (2) [and] 53a-119 [2].”

Section 53a-122 (a) provides in relevant part: “A person is guilty of larceny in the first degree when he commits larceny as defined in section 53a-119, and . . . (2) the value of the property or service exceeds ten thousand dollars . . . .” Section 53a-119 (2) provides in relevant part: “A person obtains property by false pretenses when, by any false token, pretense or device, he obtains from another any property, with intent to defraud him or any other person.”

The jury reasonably could have found the following facts. In September, 2005, John Spalding, owner of ABC Moving, was hired by Decorator’s Warehouse in Nor-walk to deliver a couch and love seat to the defendant at 557 Atlantic Street in Bridgeport. When Spalding made the delivery he met the defendant for the first time. The defendant introduced himself as a “caretaker for a doctor” who orders “a lot of stuff.” The defendant inquired of Spalding as to whether he would like to start picking up deliveries for “us.” The defendant explained that “we’re doing construction and because at the time we’d like to do some business with you because our current delivery service isn’t working out.” The defendant told Spalding that he worked for “Dr. Rosenblatt” and at another time for “Mr. Murray.”3 Spalding gave *24the defendant his business card. The defendant agreed to pay Spalding $100 for each delivery.

On September 16, 2005, Betsy Nosara Conway, assistant manager of the Coach store in Westport, received a telephone call from a man who identified himself as Larry Rosenblatt. Rosenblatt wanted to place an order for merchandise he had seen in a catalogue. He ordered a number of items totaling $2534.764 and charged them to an American Express account belonging to Elizabeth Pocsik, who did not make the purchase or authorize anyone else to do so. Rosenblatt told Conway that he would have a man by the name of John Spalding come to get the items. Rosenblatt represented that Spalding was a courier who often picked up things for Rosenblatt.

In the meantime, the defendant had called Spalding and asked him to make a pickup at Coach in Westport. The defendant informed Spalding that Rosenblatt was throwing a party and did not have time to buy his wife a gift, so he sent Spalding to pick it up. When Spalding arrived at Coach, some of the associates helped him put the bags of merchandise in his truck. Spalding met the defendant in the parking lot of a Waldbaum’s supermarket at the comer of North and Park Avenues in Bridgeport where the defendant took possession of the merchandise and paid Spalding $100.

On September 17, 2005, Conway took another telephone call from the man who again identified himself as Rosenblatt. According to Rosenblatt, his family enjoyed the gifts, and he wanted to purchase more merchandise. These items totaled $2700.88, and Rosenblatt gave Conway a credit card number but not the one he had used *25the day before. On September 21, 2005, the same so-called Rosenblatt called Coach twice and placed two additional orders with Conway. His first purchase on that day totaled $2789.92 and was charged to an American Express account belonging to Catherine Saldinger and Pierre Saldinger. Neither one of the Saldingers had authorized the use of their account for the purchase. Minutes after making the first call, the caller, identifying himself as Rosenblatt, yet again called Coach and ordered a diamond watch worth $2117.88. To purchase the watch, Rosenblatt used an American Express account belonging to Ronald Schectman, who had not authorized the use of the account for the purchase.

From September 16 through 21, 2005, the defendant placed four orders with Coach in Westport, charged $10,203.44 to credit card accounts belonging to other persons and asked Spalding each day to pick up the merchandise at Coach and deliver it to him at the Wald-baum’s parking lot in Bridgeport. Each time Spalding delivered the merchandise from Coach, the defendant paid him the agreed upon fee of $100. Among the items purchased from Coach, in this fashion, was a water buffalo billfold wallet.

From September 16 through 22, 2005, the defendant asked Spalding to make six deliveries of merchandise from Lowe’s in Newington to a garage below an apartment at 557 Atlantic Street in Bridgeport. The value of the merchandise delivered that week totaled $37,558.55.5 The defendant paid Spalding $400 for each *26Lowe’s delivery, including one purchase valued at $278. See footnote 5 of this opinion. The defendant obtained the merchandise by using credit card accounts belonging to, among others, Bruce Angus, John Murray, Michael Morrissey, Estelle Nisson and Susan Seath.6 None of those persons made a purchase at Lowe’s in Newington and did not authorize the defendant to do so.

Each time Spalding delivered the Lowe’s merchandise to 557 Atlantic Street in Bridgeport, the defendant was waiting for him. The defendant again represented to Spalding that he was the caretaker for Rosenblatt, a contractor. According to Spalding, the defendant explained that “they were going to pick them up the next day because they didn’t want them on the job site, you know, because they wanted to install them the next day. That’s what he told me.”7

On September 23, 2005, Donna Corra, manager of Coach in Westport, received a telephone call from a person complaining of an unauthorized charge on her credit card account. Corra subsequently notified the Westport police. Corra informed Conway of the call, as well. On September 26, 2006, Conway took a telephone call at Coach from someone identifying himself as attorney Gary Hertzberg, who placed a telephone order and used a credit card account number to make the purchase. When Conway processed the order, the credit *27card information was declined. Conway telephoned the Westport police, who went to the Coach store. When Spalding arrived at the store,8 the police explained to him that a stolen credit card was used to place the order. Coach employees gave Spalding empty shopping bags, and Detective John Rocke accompanied Spalding in his pickup truck to the Waidbaum’s parking lot in Bridgeport.

Spalding and Rocke waited in the parking lot for the defendant to arrive. When the defendant drove up next to Spalding’s truck, Spalding identified him to Rocke as the man who had hired him to deliver merchandise from Coach and Lowe’s. Rocke got out of the truck carrying a shopping bag filled with empty Coach boxes. The defendant got out of the vehicle that he was driving and met Rocke. Rocke asked the defendant if the packages were his, and the defendant responded affirmatively. Rocke asked the defendant if he wanted the receipt, and the defendant said, “yes.” Rocke reached into the bag as if to retrieve the receipt but pulled out a weapon and arrested the defendant. There was a passenger in the defendant’s vehicle, Francis Beethoven, and the defendant indicated to Rocke that Beethoven was not involved. When Rocke searched the defendant, he found a Coach water buffalo double billfold wallet similar to the one that the man who identified himself as Rosenblatt had purchased on September 17, 2005. The wallet contained $110 in currency9 and two credit cards in the name of Tamika Creer, who resided at 557 Atlantic Street.

Following the defendant’s arrest, he was released on a $25,000 bond, but he failed to report for his scheduled court date on January 11, 2006. Subsequently, a warrant *28was issued for his arrest. The defendant was taken into custody again on February 25, 2006. Additional facts will be set out where necessary.

I

The defendant first claims that he was deprived of a fair trial because the court failed to instruct the jury that it could aggregate the value of the property that was stolen only if it determined that the theft was part of one scheme or course of conduct. More specifically, the defendant argues that because no individual charge to a credit card account was valued at more than $10,000, the jury had to aggregate the individual purchases in order to have found him guilty of larceny in the first degree as to the theft of items from Coach and from Lowe’s.10 Although we conclude that the court committed constitutional error in failing to instruct the jury that it could aggregate the value of the stolen property only if it found that the thefts were part of one scheme or course of conduct, 11 the state has demonstrated that the error was harmless beyond a reasonable doubt.

*29The defendant concedes that this claim was not preserved at trial and asks that we reverse his conviction *30pursuant to State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989).12 “[A]n improper instruction on an element of an offense ... is of constitutional dimension.” (Internal quotation marks omitted.) State v. DeJesus, 260 Conn. 466, 472-73, 797 A.2d 1101 (2002). Although the record is adequate for our review, the claim is of constitutional magnitude and the constitutional violation clearly exists, the defendant cannot prevail because the state has demonstrated that the error was harmless beyond a reasonable doubt. Moreover, at trial, the defendant virtually conceded that there was one scheme or course of conduct.

We begin our analysis by setting forth the applicable standard of review, “[individual jury instructions should not be judged in artificial isolation, but must be viewed in the context of the overall charge. . . . The pertinent test is whether the charge, read in its entirely, fairly presents the case to the jury in such a way that injustice is not done to either party under the established rules of law. . . . Thus, [t]he whole charge must be considered from the standpoint of its effect on the [jurors] in guiding them to the proper verdict . . . and not critically dissected in a microscopic search for possible error. . . . Accordingly, [i]n reviewing a constitutional challenge to the trial court’s instruction, we must consider the jury charge as a whole to determine *31whether it is reasonably possible that the instruction misled the jury. ... In other words, we must consider whether the instructions [in totality] are sufficiently correct in law, adapted to the issues and ample for the guidance of the jury. . . .

“[I]n appeals involving a constitutional question, [the standard is] whether it is reasonably possible that the jury [was] misled. ... [A] jury instruction that improperly omits an essential element from the charge constitutes harmless error if a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence,, such that the jury verdict would have been the same absent the error . . . .” (Citations omitted; emphasis in original; internal quotation marks omitted.) State v. Gainey, 116 Conn. App. 710, 715-16, 977 A.2d 257 (2009).

In his closing argument, the prosecutor argued that the evidence proved beyond a reasonable doubt that the defendant had devised a plan or scheme to defraud Coach and Lowe’s. “[W]hen the defendant got arrested, there was another guy in the car, Francis Beethoven. What does the defendant say? He’s got nothing to do with this. Well, the defendant wasn’t the scam artist? The defendant wasn’t the guy setting this all up? How would he know there was something to be involved with? If he just happened to be in the wrong place at the wrong time, why would he tell the police that Francis Beethoven had nothing to do with this? He wouldn’t. He told the police that because [the defendant] at that point, knew that he was caught.

“Now, the defendant wanting a receipt, you know, the defendant did a lot to cover his tracks, didn’t he? He bought warranties on stuff, he bought small innocuous items; he used a third party to make the deliveries. He never had anything delivered to his own residence. He *32had it delivered to a parking lot in Bridgeport or to Tamika Creer’s address. Everything the defendant did was to cover his tracks and avoid detection.”

Most important is the defendant’s theory of defense. The defendant did not claim that each of the serial thefts from Coach and from Lowe’s were not part of one scheme or course of conduct. See State v. Gainey, supra, 116 Conn. App. 716 (“the omitted element was uncontested and supported by overwhelming evidence” [emphasis in original; internal quotation marks omitted]). The defendant argued that he was not the schemer. During defense counsel’s opening statement, counsel stated in part: “Nobody likes to get taken advantage of. Nobody likes a scam artist. The values we have in our society [are] that you shouldn’t take what doesn’t belong to you. And in this case, you’re going to hear evidence and you’re going to hear that a fraud occurred, that a fraud did take place, that people were taken advantage of. I expect that you’re going to hear that testimony. The issue is, however, the state has the burden of proving not just that a fraud occurred but that [the defendant] was responsible for it. And I submit to you that after all the evidence comes in, the state isn’t going to be able to carry its burden, that the evidence is not going to show that [the defendant] is responsible for this fraud." (Emphasis added.)

Affirming the power of the evidence presented to the jury in this case is defense counsel’s closing argument in which she conceded that there was a carefully designed plan or scheme to defraud Coach and Lowe’s. Defense counsel argued in part: “The evidence shows in this case, in this case, somebody took great measures to avoid [detection]. Somebody else picked things up. Someone placed orders over phones that couldn’t be traced using different names. It was so carefully planned; how clever is this; whoever is making the orders at Lowe’s orders high ticket items and then items *33that are $1.98. And not even that, they order a long-term plan, a warranty, some of the items. Why do they do it? I submit to you to avoid [detection].”

The concurring and dissenting opinion would reverse the defendant’s conviction on the basis of State v. Desi-mone, 241 Conn. 439, 452-58, 696 A.2d 1235 (1997), concluding that there was not one scheme or course of conduct. The case before us, however, is factually and legally distinguishable. To begin with, the methods of the larcenies are different. The defendant in Desi-mone was charged with larceny in the first degree by means of receiving stolen property. See General Statutes §§ 53a-122 and 53a-119 (8).13

In Desimone, our Supreme Court held that “in determining the degree of the crime of larceny by receiving stolen property, the value of multiple items of allegedly stolen property may be aggregated only if the state has established that the defendant received the property pursuant to one scheme or course of conduct.” State v. Desimone, supra, 241 Conn. 441. In that case, “[b]etween January, 1993, and January, 1994, several items of property were reported missing from [Pfizer, Inc.], where the defendant was employed as a maintenance mechanic. These items included three Compaq laptop computers, one Dell desktop computer system, one Toro snowblower, three power tools and one utility cart. . . . [E]ach of these items had been in the defendant’s possession after Pfizer had reported the loss of the property.” Id., 443. The specific time that the stolen goods came into the defendant’s possession was unknown. Pfizer, Inc., received delivery of the Compaq LTE laptop computers in December, 1993, or early 1994, *34and reported them missing on approximately January 14, 1994. Id., 447 n.13.

Our Supreme Court agreed with the New York Court of Appeals that “ajury may aggregate the value of stolen property only if the successive takings be pursuant to a single intent and design and in execution of a common fraudulent scheme.” (Internal quotation marks omitted.) Id., 457, quoting People v. Cox, 286 N.Y. 137, 141, 36 N.E.2d 84 (1941). Our Supreme Court concluded that the state’s contention that the defendant in Desimone had received the two Compaq LTE computers pursuant to a common scheme was not supported by the evidence. Id., 463-64. The “defendant did not offer the second Compaq LTE computer for sale until several days after the first. Moreover, the evidence did not establish exactly when the defendant received the two computers or whether he received or possessed them at the same time.” Id., 464.

Under the facts of this case, however, time cannot be the distinguishing factor as to whether there was one scheme or course of conduct by which the defendant defrauded Coach and another scheme or course of conduct to defraud Lowe’s. Although neither we nor the concurring and dissenting opinion have found a precise definition of “one scheme or course of conduct,” as set forth in § 53a-121 (b), cases such as State v. Desimone, supra, 241 Conn. 439; State v. Brown, 235 Conn. 502, 668 A.2d 1288 (1995); and State v. Browne, 84 Conn. App. 351, 392, 854 A.2d 13, cert. denied, 271 Conn. 931, 859 A.2d 930 (2004); imply that the theoretical linchpin is the accused’s intent. Intent is a question of fact for the jury to decide. See State v. Dickman, 119 Conn. App. 581, 588, 989 A.2d 613, cert. denied, 295 Conn. 923, 991 A.2d 569 (2010).

Here, the court charged the jury as to intent and the facts that may be found on the basis of inferences drawn *35from the defendant’s conduct. See footnote 11 of this opinion. The theory of defense was that the defendant did not commit the crimes with which he was accused.14 Significantly, with respect to the jury instruction, the defendant did not contest whether there was a common scheme to defraud Coach and a common scheme to defraud Lowe’s. In her opening statement, defense counsel acknowledged several times that a fraud had occurred. During her final argument, defense counsel stated that “somebody took great measures to avoid [detection]. Somebody else picked things up. Someone placed orders over phones that couldn’t be traced using different names. It was so carefully planned) how clever is this . . . .” (Emphasis added.) There was overwhelming evidence that within approximately one week’s time, the defendant received more than $10,000 worth of goods both from Coach and from Lowe’s according to an arrangement he made with Spalding.

“[A]n alleged defect in a jury charge which raises a constitutional question is reversible [impropriety] if it is reasonably possible that, considering the charge as a whole, the jury was misled .... In other words, the test for determining whether a constitutional [impropriety] is harmless ... is whether it appears beyond a reasonable doubt that the [impropriety] complained of did not contribute to the verdict obtained.” (Internal quotation marks omitted.) State v. Hampton, 293 Conn. 435, 463, 978 A.2d 1089 (2009). In this case, we conclude, beyond a reasonable doubt, that the improper jury instruction, when considered as a whole with the defense and in conjunction with the evidence, did not mislead the jury and that the verdict was not the product of the constitutional impropriety.

*36Secondarily, from a public policy perspective, the theft of personal data, including misappropriation of credit card information is a serious problem in our society. Failure to recognize the defendant’s actions as a scheme or course of conduct provides a road map for a savvy thief whose plan is to use, every other day, stolen credit card information to make purchases but is careful to limit the cost of each purchase to avoid the harsher penalties of a conviction of larceny in the first degree.

II

The defendant’s second claim is that the court violated his constitutional right to represent himself. He also claims that the court erred when it failed to conduct an inquiry pursuant to Practice Book § 44-3.16 We disagree.

The defendant concedes that his claim is unpreserved and seeks to reverse his conviction pursuant to State v. Golding, supra, 213 Conn. 239-40. We will review the defendant’s claim because the record is adequate for review and the claim is of constitutional magnitude.16 The defendant cannot prevail, however, because *37the constitutional violation did not clearly exist and he clearly was not deprived of a fair trial.

The following additional facts are relevant to the defendant’s claim. On April 24, 2007, immediately prior to the start of evidence, the defendant represented, through counsel, that he wanted to represent himself. The court noted the defendant’s prior requests to represent himself and that at those times, the defendant was not able to complete the court’s canvass. In denying the defendant’s latest request to represent himself, the court stated: “I’ve lost count at this point of how many requests the defendant has had to fire his own attorney to represent himself. I’ve lost count of the canvasses at this point. I do know that he has not been able to successfully get through the canvasses. He’s had ample opportunity ... to hire his own attorney, if he wanted to. He never did that, so I do find that his request to represent himself is nothing but an attempt to hinder, delay or impede the start of the trial.” The defendant has not challenged the court’s recitation of the procedural history.

“Both the federal constitution and our state constitution afford a criminal defendant the right to [forgo] the assistance of counsel and to choose instead to represent himself or herself at trial. ... A defendant’s right to represent himself or herself, after a clear and unequivocal request to do so, is not unlimited. ... In Faretta [v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975)], the United States Supreme Court identified three grounds for denying a defendant her right to self-representation: (1) [the defendant] makes the request in [an] untimely fashion such that granting it would disrupt the proceedings ... (2) the defendant engages in serious obstructionist misconduct . . . and (3) the defendant has not knowingly and intelligently waived his right to counsel. . . .

*38“In accordance with those limitations, our Supreme Court recently held [in State v. Flanagan, 293 Conn. 406, 433, 978 A.2d 64 (2009)], that when a defendant clearly and unequivocally has invoked his right to self-representation after the trial has begun, the trial court must consider: (1) the defendant’s reasons for the self-representation request; (2) the quality of the defendant’s counsel; and (3) the defendant’s prior proclivity to substitute counsel. If, after a thorough consideration of these factors, the trial court determines, in its discretion, that the balance weighs in favor of the defendant’s interest in self-representation, the court must then proceed to canvass the defendant in accordance with Practice Book § 44-3 to ensure that the defendant’s choice to proceed pro se has been made in a knowing and intelligent fashion. If, on the other hand, the court determines, on the basis of those criteria, that the potential disruption of the proceedings already in progress outweighs the defendant’s interest in self-representation, then the court should deny the defendant’s request and need not engage in a [Practice Book] § 44-3 canvass.” (Citations omitted; emphasis in original; internal quotation marks omitted.) State v. Bozelko, 119 Conn. App. 483, 501-502, 987 A.2d 1102, cert. denied, 295 Conn. 916, 990 A.2d 867 (2010).

In this case, trial had begun, as trial commences with voir dire. Id., 502 n.7. The court, therefore, was required to balance the factors established in Flanagan to determine whether the potential disruption of the proceedings already in progress outweighed the defendant’s interest in representing himself. We conclude that the court engaged in the proper analysis. The court found that the defendant failed to express a clear reason for his request. The court found that the defendant’s real reason for making the request to represent himself merely was an attempt to hinder, to delay or to impede the progress of trial. Although the court did not address *39the second factor explicitly, the court noted that a number of attorneys had represented the defendant and that he never had suggested that any one of them was not competent. Defense counsel stated, at the time she voiced the defendant’s request, that she thoroughly was prepared, had prepared cross-examinations and researched the rules of evidence. The court made no finding that counsel was not qualified, and the defendant did not ask the court to make such a finding. In light of those aggregate considerations, the second factor is met. The court directly addressed the third factor and found that the defendant had substituted counsel on numerous occasions. In denying the defendant’s request to represent himself, the court noted that it had lost count of the number of requests the defendant had made to discharge his counsel and to represent himself. The court also noted that it had attempted to complete a canvass of the defendant pursuant to Practice Book § 44-3 numerous times and that the defendant had not been able at any time to get through the canvass successfully.

We conclude, therefore, on the basis of the Flanagan factors, that the court did not abuse its discretion in concluding that granting the defendant’s request to represent himself had the potential to disrupt the proceedings, which outweighed the defendant’s interest in self-representation. Consequently, there was no need for the court to conduct a canvass of the defendant pursuant to Practice Book § 44-3. Because the defendant has not demonstrated that a constitutional violation clearly exists, his claim fails under the third prong of Golding.

Ill

The defendant’s third claim is that the court abused its discretion by denying his motion for a mistrial because the prosecutor had engaged in impropriety by *40intentionally charging the defendant with crimes that had been nolled in another prosecution. We disagree.

More specifically, the defendant claims that he was entitled to a mistrial because certain charges of identity theft in the third degree involved the use of credit card accounts belonging to Christopher Miller17 and to Seath18 to make purchases at the Lowe’s store in Newin-gton. The charges to Miller’s and Seath’s accounts actually were made for purchases at the Lowe’s store in South Windsor. The charges against the defendant for allegedly fraudulent purchases made at Lowe’s in South Windsor were nolled.

“The standard for review of an action upon a motion for a mistrial is well established. While the remedy of a mistrial is permitted under the rules of practice, it is not favored. [A] mistrial should be granted only as a result of some occurrence upon the trial of such a character that it is apparent to the court that because of it a party cannot have a fair trial . . . and the whole proceedings are vitiated. . . . On appeal, we hesitate to disturb a decision not to declare a mistrial. The trial [court] is the arbiter of the many circumstances which may arise during the trial in which [its] function is to assure a fair and just outcome. ... In [our] review of the denial of a motion for mistrial, [we recognize] the broad discretion that is vested in the trial court to decide whether an occurrence at trial so prejudiced a party that he or she can no longer receive a fair trial. The decision of the trial court is therefore reversible on appeal only if there has been an abuse of discretion. ... In general, abuse of discretion exists when a court could have chosen different alternatives but has decided the matter so arbitrarily as to vitiate logic, or *41has decided it based on improper or irrelevant factors. . . . Therefore, [i]n those cases in which an abuse of discretion is manifest or where injustice appears to have been done, reversal is required.” (Internal quotation marks omitted.) State v. Peloso, 109 Conn. App. 477, 497-98, 952 A.2d 825 (2008).

“[W]hen confronted with a claim of prosecutorial [impropriety], we must determine whether the prosecutor’s conduct so infected the trial with unfairness as to make the resulting conviction a denial of due process. . . . The burden of proving a constitutional violation as a result of prosecutorial [impropriety] rests with the defendant . . . and the defendant must demonstrate substantial prejudice.” (Citations omitted; internal quotation marks omitted.) State v. James G., 268 Conn. 382, 419, 844 A.2d 810 (2004). “[I]n analyzing claims of prosecutorial [impropriety], we engage in a two step analytical process. The two steps are separate and distinct: (1) whether [impropriety] occurred in the first instance; and (2) whether that [impropriety] deprived a defendant of his due process right to a fair trial.” (Internal quotation marks omitted.) State v. Luster, 279 Conn. 414, 428, 902 A.2d 636 (2006).

It is not clear from the record whether the identity theft charges involving the credit card accounts of Miller and Seath arose from purchases made at Lowe’s in South Windsor, as the defendant contends. A prior long form information charged the defendant with, among other things, identity theft as to Miller and Seath for use of their credit card accounts at Lowe’s in Newin-gton. Seath’s credit card statement, which was admitted into evidence, shows that at least one transaction was made at Lowe’s in Newington. Miller did not testify at trial, and the state nolled the identity theft charge as to him. The prosecutor stated on the record that he “was under the impression that [Miller] was one of the Newington victims . . . .” Although the prosecutor *42may have been mistaken, the court acted well within its discretion when it found implicitly that no intentional misconduct had occurred. Moreover, there is no evidence of prejudice to the defendant, as the state withdrew the identity theft charge as to Miller before the defendant filed his motion for a mistrial and before the jury returned its not guilty verdict as to all counts of identity theft. The defendant, therefore, has failed to demonstrate that the court abused its discretion by denying his motion for a mistrial.

The judgment is affirmed.

In this opinion LAVINE, J., concurred.

BEACH, J.,

concurring in part and dissenting in part. I agree with the analysis and conclusion reached by the majority in parts II and III and, accordingly, would affirm the judgment with respect to the conviction of the defendant, Brushaun Thompson, of failure to appear in the first degree in violation of General Statutes § 53a-172 (a) (1). I respectfully disagree, however, with the majority’s analysis and conclusion in part I of its opinion and would reverse the judgment as to the defendant’s conviction of two counts of larceny in the first degree by false pretenses in violation of General Statutes §§ 53a-122 (a) (2) and 53a-119 (2), and would remand the case for a new trial as to those counts only.

With respect to part I of the majority opinion, I agree that the failure of the trial court to instruct the jury on the issue of aggregation was reviewable pursuant to State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989). I also agree that the defendant has satisfied the third prong of Golding in that there was clear constitutional error. Unlike the majority, I do not believe that the state has demonstrated that the error was harmless beyond a reasonable doubt.

*43The jury was never instructed to consider whether the amounts stolen in the individual transactions were to be aggregated pursuant to General Statutes § 53a-121 (b), which states that “[a]mounts included in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.” Thus, the jury was never instructed on an essential element of the alleged crime, which, in the circumstances presented, is whether the individual transactions were committed “pursuant to one scheme or course of conduct . . . .” General Statutes § 53a-121 (b). Because the jury never considered, so far as we know, whether the transactions were committed pursuant to one scheme or course of conduct, the instructional error can be harmless only if we “[conclude] beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error . . . .” (Internal quotation marks omitted.) State v. Gainey, 116 Conn. App. 710, 716, 977 A.2d 257 (2009).

The majority points out that the existence of one scheme or common plan was not a hotly contested issue at trial, and I agree.1 The defendant claimed he was not the peipetrator and did not claim, perhaps wisely, that he really committed a series of discrete thefts. In the circumstances of this case, however, I do not believe that the existence of one scheme or common plan is supported by such overwhelming evidence that the jury verdict necessarily would have been the same had the mandated instruction been given.

*44When arguing in its brief that the error was harmless, the state noted the following. The credit card numbers used, for the most part, were taken from customers of Advantage Waste Services. Arena Johnson, an employee of Advantage Waste Services who had access to customers’ credit card information, admitted knowing the defendant for fifteen years. All items were purchased using a telephone. When purchasing items from the Coach store in Westport, the defendant identified himself three times as Larry Rosenblatt. The merchandise from Coach and the Lowe’s store in Newington was picked up and delivered by John Spalding, the owner of ABC Moving, who delivered the items to the defendant at a supermarket parking lot in Bridgeport or at a garage in Bridgeport underneath the defendant’s apartment. The defendant paid Spalding $100 for the Coach deliveries and $400 for the Lowe’s deliveries. Spalding identified the defendant as the person who took and paid for the delivery of the merchandise from Coach and Lowe’s. The state further argued that the evidence established that the defendant was the mastermind behind the plan.

An analysis of case law suggests that the evidence in this case does not so overwhelmingly support the existence of one scheme or course of conduct that a failure to instruct on that issue is harmless. Our Supreme Court’s leading case in this area of the law is State v. Desimone, 241 Conn. 439, 696 A.2d 1235 (1997). In that case, the defendant, a maintenance mechanic, was employed by Pfizer, Inc. Id., 443. He offered for sale several computers that had been taken from Pfizer, Inc. Id. The defendant was charged with larceny by receiving various items of stolen property in the first and third degrees. Id., 449. The value of the items was aggregated for the purpose of charging him with the particular degree of that offense. The trial court, overruling an objection by the defendant as to its jury *45instructions, concluded that § 53a-121 (b) was not applicable to the offense of larceny by receiving stolen property. Id., 450. Thus, the court did not instruct the jury in accordance with that statutory subsection that it may aggregate the value of the allegedly stolen property only if the state has established that the defendant received the property pursuant to one scheme or course of conduct, and the defendant challenged this omission on appeal. Id., 449-50. The Supreme Court disagreed with the state’s contention on appeal that the items necessarily were received pursuant to one scheme or course of conduct. Id., 463-64. The Supreme Court noted that the evidence revealed that several days interceded between the times that the defendant offered the computers for sale. Id., 464. It continued: “Moreover, the evidence did not establish exactly when the defendant received the two computers or whether he received or possessed them at the same time. Thus, we cannot say that the evidence necessarily compelled the conclusion that the defendant’s unlawful receipt of the two computers was part of a single scheme or course of conduct.”2 (Emphasis in original.) Id.

In contrast, in State v. Browne, 84 Conn. App. 351, 367, 854 A.2d 13, cert. denied, 271 Conn. 931, 859 A.2d 930 (2004), this court held that the trial court’s failure to instruct the jury that it could aggregate the value of the items of stolen property only if it first concluded that the offenses were committed pursuant to one scheme or course of conduct did not require reversal. Id., 389-94. In that case, the defendant was not charged with committing a series of thefts, but, rather, he simultaneously stole and simultaneously attempted to steal two distinct *46sets of personalty belonging to the same family. Id., 393-94. Each aggregated charge alleged that the crime was committed at a discrete time and place.3 Id., 394.

In this case, for the jury to find the defendant guilty of larceny in the first degree, it had to aggregate transactions that occurred at different times. There is no doubt that the values of the goods ordered in each telephone transaction should be aggregated, and the defendant does not assert otherwise. Additionally, the evidence of one scheme or coruse of conduct may well have been sufficient to support the aggregation of the value of goods ordered in different telephone calls and received in different transactions had the court properly instructed the jury regarding aggregation. The transactions, however, occurred on different days and were accomplished by different calls and different deliveries. Although there was evidence that Spalding was to be generally available and the methods of the crimes were quite similar, a jury reasonably could have failed to reach the conclusion that the transactions were but steps effecting a single scheme, had it been so instructed. For example, the jury may not have believed the entirety of Spalding’s testimony; similarly, a reasonable doubt could have arisen from a hypothesis that the defendant’s intent to commit a subsequent transaction was not fully formed until just prior to its commission. There may have been other hypotheses consistent with the evidence. Consistent with State v. Desimone, supra, 241 Conn. 439, the transactions were not necessarily part of one scheme or course of conduct.41 therefore agree with the defendant that the state did not *47prove that the court’s failure to instruct the jury in accordance with § 53a-121 (b) was harmless beyond a reasonable doubt. Accordingly, I believe that the defendant’s claim satisfies the fourth prong of Golding because the state has failed to demonstrate the harmlessness of the alleged constitutional violation beyond a reasonable doubt, and the error may have resulted in the defendant’s convictions of larceny in the first degree.

For the foregoing reasons, I respectfully concur in part and dissent in part.5

13.5 State v. Smith 13.5 State v. Smith

STATE OF CONNECTICUT v. TREMAINE SMITH

(AC 33542)

Lavine, Bear and Sheldon, Js.

Argued January 15, 2013

officially released March 18, 2014

*685 Elizabeth M. Inkster, assigned counsel, and Samuel Greenberg, certified legal intern, for the appellant (defendant).

Mitchell S. Brody, senior assistant state’s attorney, with whom, on the brief, were Maureen Platt, state’s attorney, and Terence D. Mariani, Jr., senior assistant state’s attorney, for the appellee (state).

Opinion

BEAR, J.

The defendant, Tremaine Smith, appeals from the judgment of conviction, rendered after a jury trial, of attempt to commit robbery in the first degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-134 (a) (3). On appeal, the defendant claims that (1) there was insufficient evidence to convict him of attempt to commit robbery in the first degree, and (2) prosecutorial impropriety during final argument deprived him of his due process right to a fair trial. We agree that there was insufficient evidence presented to the jury to convict the defendant of attempt to commit robbery in the first degree, and accordingly, we reverse the judgment of the trial court. Because the defendant’s insufficient evidence claim is dispositive of the present *686appeal, we do not address the defendant’s prosecutorial impropriety claim.

The following facts that reasonably could have been considered or found by the jury and procedural history are relevant to our decision. The defendant and the female complainant became romantically involved in April, 2009. The defendant went to prison in August, 2009. In mid to late November, 2009, the defendant in one mailing sent $294 in cash to the complainant, and he told her to use the money to hire a lawyer or obtain a bond for him. The complainant represented to the defendant in their communications during his incarceration that she would hire a lawyer or obtain a bond for him with the money that he had sent to her, but she did not do so. Instead, she kept the specific bills that the defendant had sent to her, and at the time of trial she still had control of most of those bills, other than those she had returned to him after the incident that led to his arrest.

On Sunday, November 29, 2009, the defendant and the complainant spoke on the telephone. The defendant was angry that she had not hired a lawyer for him, and he told her that he would see her upon his release from prison. She believed that he would be released from prison on the following Friday, December 4,2009, based on what he had told her.

The defendant, however, was released from prison on Monday, November 30, 2009. At 5:45 p.m., he called Shanika Crews, who was approximately five and one-half months pregnant with the defendant’s son at the time of the incident. He asked her to meet with him at a residence on Buckingham Street in Waterbury. After they had spent some time together with his family there, he asked to borrow her cell phone, and, shortly thereafter, she drove him to Platt Street in Waterbury, at his request. The defendant exited the vehicle upon their *687arrival at Platt Street and ran down an alley. He returned to the vehicle ten to fifteen minutes later and told her that the complainant was not there. Crews then received a call on her cell phone from an unidentified caller. She gave the phone to the defendant, and, after the defendant spoke to the caller, he instructed Crews to drive him to Aldi’s, a grocery store located near the Waterbury Plaza shopping center in Waterbury.

Meanwhile, on that day, the complainant left her home on North Main Street in Waterbury for a period of time during the day. She learned from her mother upon her return that the defendant had called to say that he had been released from prison and that he was going to stop by her home. At approximately 7:30 p.m., the complainant left her home to get something to eat at the Subway sandwich shop located in the Waterbury Plaza. She was accompanied by her brother and a friend.

The defendant exited the vehicle driven by Crews when he saw the complainant, her brother, and her friend walking toward the Waterbury Plaza. The complainant testified that she heard somebody call out her name as she, her brother, and her friend walked, and when she looked, she saw the defendant. Both she and her brother testified that the defendant was talking on a cell phone as he approached them, and he angrily said, “I found this bitch, and I’m gonna fuck her up.” The complainant’s friend testified, however, that the defendant exited the vehicle upon seeing them, hugged her and the complainant’s brother,1 and began asking the complainant questions, at least one of which was about a lawyer. The complainant’s brother testified that the defendant also asked the complainant “about some type of money,” as soon as he finished his phone call. The complainant’s friend further testified that the defendant was “[c]alm at first . . . .”

*688In contrast, the complainant testified that the defendant was “mad,” and that she started to back away because she thought he was “crazy” and “losing it.” The defendant and the complainant then began to engage in a series of struggles in which they argued, the defendant grabbed the complainant, and the complainant broke free and tried to walk away. The complainant testified that the argument was about the defendant’s desire to have the complainant go with him in order to get his money and her refusal to do so. She had intended to return the money to him, but she told him that “he wasn’t getting [the money]” because he “had the knife and was acting crazy,” “was pulling and grabbing on” her, and was “tripping . . . .” She also testified: “I said I don’t have the money with me out here. I said the money is with my sister.”

The defendant grabbed the complainant by her hair, arm, and neck. He had apocketknife in one of his hands. There was conflicting testimony about whether the defendant placed the knife on the complainant or pointed it at her during this series of struggles. The complainant testified that the defendant held the knife to her stomach, while the complainant’s brother testified that the defendant did not place the knife on or point the knife at the complainant’s neck or stomach. The defendant did not say “give me your money,” “give me your cell phone because you owe me money,” or “empty out your pockets and let me see how much money you have” during this series of struggles.2 The complainant’s friend and the complainant’s brother tried to intervene, but the defendant threatened to kill them if they did not leave.

After the complainant broke free of the defendant’s grasp on her neck, Crews exited her vehicle, grabbed *689the complainant by the arm, and told her to get into the vehicle. The complainant refused, “freakfed] out,” and told Crews to let her go. While the complainant and Crews struggled near the car, the defendant approached them and swore on the life of his unborn son that he would kill the complainant. Crews released the complainant, and the complainant began to run toward her house. The defendant, the complainant’s brother, and the complainant’s Mend followed her. The complainant testified that she ran, while the complainant’s Mend and the complainant’s brother testified that they, the defendant, and the complainant were all walking fast. The complainant told her brother to get help, and he left in order to do so.

The defendant caught up with the complainant in front of a flower shop located between Aldi’s and the complainant’s house. He grabbed the hood of her sweatshirt and ripped out some of her hair extensions in the process. An unidentified person pulled up to them in his vehicle and said that he was going to call the police. The complainant testified that the car approached while she and the defendant stood in front of the flower shop and argued about “[t]he money.” She provided in her written statement to the police, however, that the defendant “was pulling [her]” when the unidentified person pulled up to them. When the defendant approached the unidentified person and his vehicle, the complainant began to walk away.

The defendant caught up with the complainant again at the firehouse across the street from the flower shop. The complainant testified: “I’m sitting in the grass because I fell and [the complainant’s Mend was] standing on one side and he’s standing there in front of me with the knife, and the firefighter came and asked if everything was good.” The complainant testified that she fell because “I’m sick, I have a medical condition where my body shuts down.” The complainant’s friend *690testified that she told the defendant to get away from the complainant, who “broke down and fell and crawled up into a ball.” The complainant’s friend also testified that she saw the defendant’s knife while the three of them were in front of the firehouse, first behind his back and then close to, but not touching, the complainant’s neck and “near her on her back.” The complainant likewise testified that the defendant had the knife at her throat while they were in front of the firehouse. According to the complainant, the defendant told the complainant’s friend that the complainant “better have my money . . . .” He then told the complainant that he would stop by her house later and subsequently walked away.

A firefighter for the city of Waterbury testified that he was present in the firehouse on the night of the incident. An unidentified person knocked on the back door of the firehouse and told the firefighter that “somebody was getting beat up in front of the firehouse.” From his position inside the firehouse, the firefighter could see three people, one of whom was a woman saying, “I don’t want to go,” and trying to get away from a man who “was trying to pull her somewhere.” The firefighter exited the firehouse and encountered the complainant, who was crying, and the complainant’s friend; the defendant already had begun to walk away. The firefighter testified: “[T]hey were just sitting down, and I was asking if everything was okay.” They answered in the affirmative. The complainant testified that neither she nor her friend said anything to the firefighter.

After the firefighter left the complainant and the complainant’s friend, the complainant returned to her home. She later went to the Waterbury police station that night and gave a written statement about the incident at 8:43 p.m. Subsequently, the defendant was arrested and charged pursuant to an information dated December 2, *6912009, with (1) assault in the third degree in violation of General Statutes § 53a-61, (2) unlawful restraint in the first degree in violation of General Statutes § 53a-95, (3) reckless endangerment in the second degree in violation of General Statutes § 53a-64, (4) threatening in the second degree in violation of General Statutes § 53a-62, and (5) breach of the peace in the second degree in violation of General Statutes § 53a-181. The state subsequently filed a long form substitute information on January 21, 2011, in which it charged the defendant in count one with (1) attempt to commit robbery in the first degree in violation of §§ 53a-49 (a) (2) and 53a-134 (a) (3), and in count two (2) attempt to commit kidnapping in the first degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-92 (a) (2) (B).

The complainant met with the defendant several days after the incident, gave him some money as partial payment for the $294,3 and had sexual intercourse with him. Even though there was a protective order against the defendant with respect to the complainant, they maintained contact with each other, and he wrote her a letter in October, 2010, while he was incarcerated, to ask that she change her statement to the police. The complainant was a reluctant witness, and she was subpoenaed to testify at trial.

The trial commenced on February 16,2011. On February 17, 2011, after the state rested, the defendant made an oral motion for a judgment of acquittal. The basis for the motion was that the evidence was insufficient for the state to meet its burden of proof with respect to both counts of the information. The court denied the motion on the ground that the evidence was sufficient for the jury to find the essential elements of both offenses, and it stated with respect to count one: “There *692is evidence that the defendant believed that the [complainant] . . . owed him money, that he . . . got out of the car at the relevant date and time, and that he attempted to rob her with a dangerous instrument, a knife, by threatening her with the knife for the purpose of getting . . . her to return the [$294] that he believed that he was entitled to.”

The court further stated: “The . . . only remaining point that I’ll make about the motion for judgment of acquittal is [that defense counsel] mentioned the fact . . . that the property belonged to him . . . and therefore . . . with respect to the robbery in the first degree, that there’s not sufficient evidence of a larceny. That really relates to . . . your attempt to introduce a defense into this case that the robbery was committed and is justified through . . . the use of physical force in defense of property.

“We’re going to talk about that issue at . . . greater length with respect to the charging conference, but. . . I’ve indicated to you . . . and counselor, based upon the case law that’s been brought to my attention, that I don’t believe that your client is entitled to a jury instruction on that issue. And having said that, if he’s not entitled to an instruction, which certainly there’s evidence that he was attempting to take from her, the [complainant], money . . . that she had, whether or not she ultimately had some obligation to give it back to him, would not mean that ... he did not commit a robbery in the first degree by attempting to take it. That . . . criminal conduct if proven by the state is criminal, unless and until the jury concludes, if properly instructed, that the actions were taken in defense of property. And since . . . I’m of the view that he’s not entitled to, under the facts and circumstances of this case, to such an instruction . . . that can’t be the basis of granting a motion for judgment of acquittal with respect to count one.”

*693On February 18, 2011, during its deliberations, the jury sent a note to the court that read in relevant part: “We . . . request an explanation from the judge regarding the issue of possession of the money. Our specific concern regards the issue of recovering what you perceive as your own property/larceny—robbery. In our deliberations should we be discussing who the money rightfully belongs [to].” The court replied in relevant part: “I’m going to give you the following additional instruction: As I said on page twenty-six of the jury instructions, under the circumstances of this case, the defendant had no legal justification or excuse to seek through the use of force, or the threat of the use of force, repayment of any money that [the complainant] may have owed him. I’m going to add the following additional sentence for you: In other words, the fact that the defendant perceived that the $294 was rightfully his does not permit him, lawfully, to use force or the threat of the use of force, to get the money back.”4

On February 22, 2011, the jury returned a verdict of guilty on count one, attempt to commit robbery in the first degree, and not guilty on count two, attempt to commit kidnapping in the first degree. The defendant subsequently filed, inter alia, a written motion for a judgment of acquittal on February 28, 2011. In that motion, he argued that the evidence was insufficient for the state to have established the intent element of larceny and therefore the intent element of attempt to commit robbery in the first degree, because “[n]o rational trier of fact could, from the evidence in this case, find beyond a reasonable doubt that the defendant intended to steal any money from [the complainant] at the same time that he used force or threatened to use *694force with a dangerous instrument against [the complainant].” The court denied the motion on April 15, 2011. It thereupon sentenced the defendant to an eleven year term of incarceration. This appeal followed.6

I

The defendant claims on appeal that the evidence was insufficient to establish beyond a reasonable doubt that he, with the intent to deprive another of property, wrongfully attempted to take, obtain, or withhold such property from an owner, pursuant to the larceny statute, General Statutes § 53a-119, and that the state was required to prove all of the elements of larceny in order to prove all of the elements of attempt to commit robbery in the first degree. Because the evidence was insufficient to establish the defendant’s guilt beyond a reasonable doubt on the intent element of larceny and therefore attempt to commit robbery in the first degree, the defendant argues, in accordance with State v. Gooden, 89 Conn. App. 307, 312, 873 A.2d 243, cert. denied, 275 Conn. 918, 919, 883 A.2d 1249 (2005), that his “fundamental right, protected by the due process clauses of the federal and Connecticut constitutions, to be acquitted unless proven guilty of each element of the charged offense beyond a reasonable doubt” has been violated. (Internal quotation marks omitted.) We agree with the defendant that the evidence was insufficient to establish the intent element of larceny and therefore the intent element of attempt to commit robbery in the first degree.

*695“A defendant who asserts an insufficiency of the evidence claim bears an arduous burden.” (Internal quotation marks omitted.) State v. Rodriguez, 146 Conn. App. 99, 110, 75 A.3d 798, cert. denied, 310 Conn. 948, 80 A.3d 906 (2013). “In reviewing a sufficiency of the evidence claim, we apply a two part test. First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the [jury] reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt .... This court cannot substitute its own judgment for that of the jury if there is sufficient evidence to support the jury’s verdict. ... On appeal, we do not ask whether there is a reasonable view of the evidence that would support a reasonable hypothesis of innocence. We ask, instead, whether there is a reasonable view of the evidence that supports the jury’s verdict of guilty.” (Internal quotation marks omitted.) State v. Stephen J. R., 309 Conn. 586, 593-94, 72 A.3d 379 (2013).

“If, however, the evidence is insufficient to meet the burden of proof of guilt beyond a reasonable doubt, bearing in mind that the state has the burden of establishing by such proof every essential element of the crime charged, the verdict must be set aside.” State v. Jackson, 176 Conn. 257, 262, 407 A.2d 948 (1978). “As has been said so often, proof beyond a reasonable doubt is such proof as precludes every reasonable hypothesis except that which it tends to support and is consistent with the defendant’s guilt and inconsistent with any other rational conclusion. . . . Moreover, inferences which do not have a basis in facts established by the evidence cannot be drawn or relied upon to sustain a verdict.” (Citations omitted; internal quotation marks omitted.) Id., 263-64.

*696“We note that the probative force of the evidence is not diminished because it consists, in whole or in part, of circumstantial evidence rather than direct evidence. ... It has been repeatedly stated that there is no legal distinction between direct and circumstantial evidence so far as probative force is concerned. ... It is not one fact, but the cumulative impact of a multitude of facts which establishes guilt in a case involving substantial circumstantial evidence. . . . [T]he inquiry into whether the record evidence would support a finding of guilt beyond a reasonable doubt does not require a court to ask itself whether it believes that the evidence . . . established guilt beyond a reasonable doubt. . . . Instead, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Citations omitted; internal quotation marks omitted.) State v. Best, 56 Conn. App. 742, 752, 745 A.2d 223, cert. denied, 253 Conn. 902, 753 A.2d 937 (2000).

II

We begin by discussing the statutes that govern the attempt to commit robbery in the first degree charge against the defendant. “[0]ur review of [an] issue of statutory interpretation is plenary.” DiLieto v. County Obstetrics & Gynecology Group, P.C., 265 Conn. 79, 89, 828 A.2d 31 (2003). “When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature. ... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case, including the question of whether the language actually does apply. ... In seeking to determine that meaning, General Statutes § l-2z directs us first to consider the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of *697such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered. . . . When a statute is not plain and unambiguous, we also look for interpretive guidance to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter . . . .” (Footnote omitted; internal quotation marks omitted.) Picco v. Voluntown, 295 Conn. 141, 147, 989 A.2d 593 (2010). “[Statutes should be construed, where possible, so as to create a rational, coherent and consistent body of law.” Waterbury v. Washington, 260 Conn. 506, 557, 800 A.2d 1102 (2002).

Furthermore, “[i]t is a basic tenet of statutory construction that the legislature [does] not intend to enact meaningless provisions. . . . [I]n construing statutes, we presume that there is a purpose behind every sentence, clause, or phrase used in an act and that no part of a statute is superfluous. . . . Because [e]very word and phrase [of a statute] is presumed to have meaning ... [a statute] must be construed, if possible, such that no clause, sentence or word shall be superfluous, void or insignificant.” (Internal quotation marks omitted.) Lopa v. Brinker International, Inc., 296 Conn. 426, 433, 994 A.2d 1265 (2010).

We first consider our criminal attempt statute. Section 53a-49 (a) (2) provides: “A person is guilty of an attempt to commit a crime if, acting with the kind of mental state required for commission of the crime, he . . . intentionally does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.” (Emphasis added.)

*698We next look at the relevant robbery statutes. Section 53a-134 (a) provides in relevant part: “A person is guilty of robbery in the first degree when, in the course of the commission of the crime of robbery as defined in section 53a-133 or immediate flight therefrom, he or another participant in the crime ... (3) uses or threatens the use of a dangerous instrument . . . .’’In turn, General Statutes § 53a-133 provides: “A person commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of: (1) Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or (2) compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.” (Emphasis added.)

Finally, we consider our larceny statute and the statutory provisions defining its terms. Section 53a-119 provides in relevant part: “A person commits larceny when, with intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from an owner. ...” (Emphasis added.) General Statutes § 53a-118 (a) (6) defines “an owner” as used in § 53a-119: “An ‘owner’ means any person who has a right to possession superior to that of a taker, obtainer or withholder.” Additionally, in cases involving multiple thieves, which is not this case, § 53a-118 (b) provides: “A person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of a person who takes, obtains or withholds it from him by larcenous means." (Emphasis added.)

The plain and unambiguous language of these statutes establishes that the elements of attempt to commit robbery in the first degree can be proved only if all of *699the elements of larceny are proved first. The elements of larceny are spelled out clearly in § 53a-119: “Connecticut courts have interpreted the essential elements of larceny as (1) the wrongful taking or carrying away of the personal property of another; (2) the existence of a felonious intent in the taker to deprive the owner of [the property] permanently; and (3) the lack of consent of the owner.” (Internal quotation marks omitted.) State v. Sherman, 127 Conn. App. 377, 391, 13 A.3d 1138 (2011).

Despite the plain meaning and lack of ambiguity in the language and organization of the statutes that govern the present case, the state argues that “the legislature has the prerogative to redefine the elements of larceny in particular contexts and has done so with respect to proving larceny as a component of robbery.” The state more specifically argues that it was not required to establish beyond a reasonable doubt that the complainant had a possessory interest superior to that of the defendant in the $294 beyond a reasonable doubt in order to prove the attempted robbery charge. The state takes this position because it repeatedly has conceded that the defendant and not the complainant “owned” the property that the defendant sought to retake. The basis for the state’s statutory interpretation is General Statutes § 53a-21, which provides in relevant part: “A person is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent an attempt by such other person to commit larceny ... or when and to the extent he reasonably believes such to be necessary to regain property which he reasonably believes to have been acquired by larceny within a reasonable time prior to the use of such force; but he may use deadly physical force under such circumstances only in defense of person as proscribed in section 53a-19.”

*700The state argues that § 53a-21, as part of “the constellation of robbery statutes and attending case law reveals that, in such a situation, the legislature intended that the elements of robbery cover the defendant’s intentional retaking of his own property that is in the custody and control of another person, where the defendant employs the ‘threat of or the immediate use of physical force.’ ” The state elaborates that § 53a-21, as a justification defense, “covers conduct that would be ‘otherwise criminal,’ ” and it “can be interposed as a defense to robbery because the statute’s plain terms do not limit its availability to any particular offense, but rather to the character of the force employed, or its reasonableness. ... In addition, both provisions pertain to the same general conduct: the use of physical force in the intentional taking of property from another, with the defense triggered by the subset of that conduct involving the retaking of property acquired by larceny. As a result, in the context of the defense of being ‘trigger [ed]’ by the special circumstance of the use of reasonable physical force to regain property . . . what is ‘otherwise criminal conduct’ under the robbery statute, yet justified, is the defendant’s recourse to such reasonable force based on his reasonable belief that another acquired his property by larceny, conduct that is not dependent upon an intent to steal on his part and his ownership [of] the property. . . . But where the justification defense cannot be applied to robbery involving the reclaiming of property due to either: (1) the use of unreasonable force ... or (2) the use of ‘deadly physical force’ . . . the conduct that is ‘otherwise criminal’ and subject to punishment, because it is unjustified, is the intentional retaking of one’s own property by force or violence, irrespective of the lack of intent to steal and ownership of the property.” (Citations omitted.)

“In construing the meaning of a statute . . . courts do not torture words to import ambiguity where the *701ordinary meaning leaves no room for it. . . .” (Internal quotation marks omitted.) Gomes v. Massachusetts Bay Ins. Co., 87 Conn. App. 416, 425, 866 A.2d 704, cert. denied, 273 Conn. 925, 871 A.2d 1031 (2005). Yet, the state would have this court twist the language of the relevant statutes into a posture that eliminates the need of the state to prove the explicit “property of another’'’ element of larceny, in order to effect the statutory interpretation that it advances. We note that the state repeatedly refers to legislative intent in setting forth its interpretation, but it does not once cite to any legislative history for support.

Although the legislature has redefined the elements of larceny with respect to specific types of larceny; see, e.g., State v. Foster, 45 Conn. App. 369, 377-78, 696 A.2d 1003 (specific intent to deprive owner of property not element of larceny by receipt of stolen property under § 53a-119 [8]), cert. denied, 243 Conn. 904, 701 A.2d 335 (1997); it has not redefined them with respect to larceny as a necessary component of attempt to commit robbery in the first degree.6 We therefore apply what our courts have recognized as the three essential elements of larceny in resolving the present appeal: “(1) the wrongful taking or carrying away of the personal property of another; (2) the existence of a felonious intent in the taker to deprive the owner of [the property] permanently; and (3) the lack of consent of the owner.” (Internal quotation marks omitted.) State v. Sherman, supra, 127 Conn. App. 391.

m

A

There is no question about what specific property the defendant sought to retake from the complainant. *702The complainant, her brother, her friend, and Crews all testified that the November 30,2009 incident resulted from the defendant’s efforts to have the complainant return the $294 that he sent to her for a bail bond or a lawyer. During trial, defense counsel asked the complainant, her brother, and Crews if the defendant had attempted to take any money or objects from the complainant that were on her person on the night of the incident, and they all answered in the negative. There is no evidence in the record that is contrary to these testimonial assertions.

B

Our larceny statute, § 53a-119, requires a wrongful taking, obtainment, or withholding of property from an “owner.” We again note that § 53a-118 (a) (6) defines an “owner” as “any person who has a right to possession superior to that of a taker, obtainer or withholder.” Although this court has stated that “[a] showing that the [complainant] had custody or control over the appropriated property is sufficient to support a charge of larceny”; (internal quotation marks omitted) State v. Hyde, 104 Conn. App. 574, 579, 935 A.2d 639 (2007), cert. denied, 285 Conn. 910, 940 A.2d 809 (2008); that showing applies only to cases where, even if the complainant may have had less than full legal ownership of the appropriated property, the defendant had no legally recognizable interest in the property whatsoever.

In Hyde, the defendant took a toolbox from a shed on the victim’s rental property and claimed on appeal that the state had not established the victim’s ownership of the toolbox to prove that he had committed larceny because there was evidence that the victim’s husband had given him permission to use it. This court rejected the defendant’s position and held that the victim was *703the owner of the toolbox where there was evidence that the victim was “the tenant in lawful possession of [the property] and that the shed there contained property belonging to her.” Id. Similarly, in State v. McColl, 74 Conn. App. 545, 548-49, 813 A.2d 107, cert. denied, 262 Conn. 953, 818 A.2d 782 (2003), the defendant burglarized the elderly victims’ apartment, and this court noted for purposes of the robbery in the first degree charges against the defendant that the victims “both clearly had a greater right of possession to the [stolen property] than did the defendant” under § 53a-118 (a) (5). Id., 574 n.23; accord State v. Taylor, 196 Conn. 225, 229-30, 492 A.2d 155 (1985); State v. Ingram, 43 Conn. App. 801, 822-23, 687 A.2d 1279 (1996), cert. denied, 240 Conn. 908, 689 A.2d 472 (1997). Our Supreme Court has even held in State v. Morant, 242 Conn. 666, 671-72, 701 A.2d 1 (1997), that a victim who has custody or control over contraband has a superior possessory right in it for a charge of larceny than does a defendant who subsequently takes it under the belief that he owns it because “[a] person should not be allowed to vest himself with a possessory interest by crime or to invoke the law in order to disengage himself from the unlawfulness of his conduct.” See also State v. Crosswell, 223 Conn. 243, 252-55, 612 A.2d 1174 (1992).

In this case there is no claim that the defendant was not the legal owner of the $294 he sent to the complainant,7 and there was evidence presented to the jury that the defendant was seeking the return of his specific property. As previously set forth, the court stated: “There is evidence that the defendant believed that the [complainant] . . . owed him money, that he . . . got out of the car at the relevant date and time, and that he attempted to rob her with a dangerous instrument, a knife, by threatening her with the knife for the purpose *704of getting . . . her to return the [$294] that he believed that he was entitled to.” Also, as previously noted, the state repeatedly has conceded that the defendant, and not the complainant, “owned” the property that the defendant sought to retake.

This court previously has determined: “Because larceny is a specific intent crime, the state must show that the defendant acted with the subjective desire or knowledge that his actions constituted stealing. A specific intent to deprive another of property or to appropriate the same to himself ... is an essential element of larceny . . . and as such must be proved beyond a reasonable doubt by the state. . . .

“The animus furandi, or intent to steal, is an essential element of the crime of larceny at common law. . . . Since the taking must be with felonious intent . . . taking under a bona fide claim of right, however unfounded, is not larceny. . . . [Although ignorance of the law is, as a rule, no excuse, it is an excuse if it negatives the existence of a specific intent. Therefore, even if the taker’s claim of right is based upon ignorance or mistake of law, it is sufficient to negative a felonious intent. A fortiori, a mistake of fact, if it is the basis of a bona fide claim of right, is sufficient. . . . One who takes property in good faith, under fair color of claim or title, honestly believing that ... he has a right to take it, is not guilty of larceny even though he is mistaken in such belief, since in such case the felonious intent is lacking.” (Citations omitted; emphasis added; internal quotation marks omitted.) State v. Varszegi, 33 Conn. App. 368, 372-73, 635 A.2d 816 (1993), cert. denied, 228 Conn. 921, 636 A.2d 851 (1994); accord State v. Papandrea, 120 Conn. App. 224, 229-30, 991 A.2d 617 (2010), aff'd, 302 Conn. 340, 26 A.3d 75 (2011). “[T]he defendant’s claim of an innocent intent, if accepted by the jury, would negate an essential element of the crime and mandate a verdict of not guilty. *705This defense is intrinsically factual, however, and not of the type which we have held to require a distinct instruction as part of the trial court’s charge.” (Internal quotation marks omitted.) State v. Woolfolk, 8 Conn. App. 667, 672, 517 A.2d 252 (1986), cert. denied, 202 Conn. 802, 519 A.2d 1207 (1987).8

This principle is deeply entrenched in our law of larceny. Our Supreme Court enunciated in State v. Main, 75 Conn. 55, 59, 52 A. 257 (1902): “[T]o constitute the crime there must be not only a wrongful taking, but a wrongful taking with the intent of thus depriving the real owner of his property by appropriating it to the use of the taker; that although the property of another is wrongfully taken, yet if taken through mistake, theft is not committed; there must be a taking with a criminal intent and, as bearing upon the facts and claims in the case, a felonious taking requires a knowledge in the taker that the thing taken is the property of another, and an intention to deprive the owner thereof by appropriating it to his own use . . . .”

*706Because a claim of right defense may negate the intent element of a larceny charge, the state bears the burden of disproving it under General Statutes § 53a-12 (a). Section 53a-12 (a) provides: “When a defense other than an affirmative defense, is raised at a trial, the state shall have the burden of disproving such defense beyond a reasonable doubt.” In contrast, § 53a-12 (b) provides: “When a defense declared to be an affirmative defense is raised at a trial, the defendant shall have the burden of establishing such defense by a preponderance of the evidence.” A claim of right defense is not an affirmative defense because “an affirmative defense does not serve to negate an element of the crime which the state must prove in order to convict, but constitutes a separate issue or circumstance on which the defendant is required to carry the burden of persuasion.” State v. Woolfolk, supra, 8 Conn. App. 671.

Our state’s burden allocation for a claim of right defense to a larceny charge accords with the approaches taken by many other jurisdictions. “In larceny prosecutions the law casts no burden of proof upon the defendant. Under the rule applicable to criminal cases generally in most states, one accused of larceny does not bear the burden of establishing an alibi although he or she offers evidence upon that question, but the evidence to support it should be considered in connection with the other evidence in the case and the accused acquitted if there is a reasonable doubt of guilt.” (Footnotes omitted.) 50 Am. Jur. 2d 130-31, Larceny § 121 (2006). Consistent with this principle, a past iteration of New York’s larceny statute that characterized a claim of right defense as an affirmative defense was deemed unconstitutional because the characterization “impermissibly shifted the burden onto the defendant to disprove the element of intent.” People v. Green, *7075 N.Y.3d 538, 542, 841 N.E.2d 289, 807 N.Y.S.2d 321 (2005).9

C

The evidence before the jury was clear about how the $294 came into the complainant’s possession, and the complainant testified repeatedly that the money belonged to the defendant. We also note again that the state concedes that “the record reflects inadequate proof of . . . the [defendant’s] intent to steal and the wrongful taking of property that the [complainant] either owns or to which the [complainant] has a supe-riorright.” Forpurposes of resolving the present appeal, we accept the state’s concession, even though we could determine that we are not bound by it. See State v. Putnoki, 200 Conn. 208, 219 n.6, 510 A.2d 1329 (1986). Even absent the state’s concession, the trial record confirms that the state failed to prove all of the elements of larceny.10

The arrangement between the defendant and the complainant regarding the $294 was akin to a bailment, that is, “[a] relationship . . . [that] arises when the owner, while retaining general title, delivers personal *708property to another for some particular purpose upon an express or implied contract to redeliver the goods when the purpose has been fulfilled, or to otherwise deal with the goods according to the bailor’s directions. ... In a bailment, the owner or bailor has a general property [interest] in the goods bailed .... The bailee, on the other hand, has mere possession of items left in its care pursuant to the bailment.” (Citations omitted; internal quotation marks omitted.) B. A. Ballou & Co. v. Citytrust, 218 Conn. 749, 753, 591 A.2d 126 (1991).

Given this framework, the complainant’s “mere possession” of the $294 could not have been superior to the defendant’s “general property interest” in it for purposes of applying § 53a-118 (a) (6). The defendant also could not be characterized as a “taker, obtainer or with-holder” of another’s property under § 53a-118 (a) (6) instead of as the “owner” when he retained a “general property interest” in the $294 at all times relevant to the present case. The present case, thus, is factually and legally distinguishable from State v. Marsala, 59 Conn. App. 135, 140, 755 A.2d 965, cert. denied, 254 Conn. 948, 762 A.2d 905 (2000), in which this court held that the bailor defendant committed larceny when he took his vehicle from the bailee repair shop’s premises after a dispute over repair costs because the bailee’s “continued right of possession . . . became superior to that of the defendant” when the bailee registered a statutory hen on the vehicle. Here, there is no authority that recognizes the complainant’s right of possession to the specific bills totaling the $294 as superior to the defendant’s right deriving from his ownership of those bills under the present circumstances, nor is there evidence of any conduct by the complainant after her receipt of the specific bills that would establish her superior right of possession to them.

*709Our conclusion does not change if we apply the definition of an “owner” under § 53a-118 (b) instead of the one under § 53a-118 (a) (6). Section 53a-118 (b), which applies in the context of two or more sequential thefts, modifies the definition of an “owner” in order to encompass those who acquire property by illegal means: “A person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of a person who takes, obtains or withholds it from him by larcenous means.” (Emphasis added.) Therefore, if the defendant had stolen the $294, which was not alleged or proved in this case, he still would have had a right of possession of such $294 superior to that of the complainant, if she had been found to have withheld that money from him by larcenous means.

During the trial, the defendant requested a jury instruction for a justification defense under § 53a-21, which provides in relevant part: “A person is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent an attempt by such other person to commit larceny ... or when and to the extent he reasonably believes such to be necessary to regain property which he reasonably believes to have been acquired by larceny within a reasonable time prior to the use of such force; but he may use deadly physical force under such circumstances only in defense of person as proscribed in section 53a-19.”

The defendant argued in support of the request, inter alia, that the “particular point . . . where the larceny occurs was, she refused to give back money that she’s not entitled to, it’s not her property, it becomes unlawful when she refuses at that particular point.” The court denied the request, and neither the court nor the parties during the remainder of the trial again addressed the *710issue of whether the complainant had committed a larceny. The defendant expressly argues on appeal that he “is not claiming . . . that he has a ‘legally recognized defense’ of justification that entitled him to take back his property by force. He is also not claiming that he was acting to prevent a larceny.” Nevertheless, even if we assume arguendo that the complainant’s refusal to return the $294 to the defendant qualifies as “theft” or a retention “by . . . illegal means” under § 53a-118 (b), the statute would be unavailable as a basis for vesting the complainant with a right of possession superior to that of the defendant.

The court was mistaken in emphasizing the defendant’s use of force over his claim of ownership when it defined the elements of larceny, both in its rationale for denying the defendant’s oral motion for a judgment of acquittal and in its jury instructions. As previously noted, the court stated in relevant part with respect to the defendant’s oral motion for a judgment of acquittal: “[CJertainly, there’s evidence that he was attempting to take from her, the alleged victim, money that . . . she had, whether or not she ultimately had some obligation to give it back to him, would not mean that ... he did not commit a robbery in the first degree by attempting to take it.” (Emphasis added.) The court further provided with respect to its jury instructions: “A person commits larceny when, with intent to deprive another of property, he wrongfully takes, obtains or withholds such property from an owner. . . . ‘Wrongfully’ means that the defendant had no legal justification or excuse for taking the property. Under the circumstances of this case, the defendant had no legal justification or excuse to seek, through the use of force or the threat of the use of force, repayment of any money that [the complainant] may have owed him.”

Characterizing the defendant’s use of force in this case as “justified” could be considered tantamount to *711sanctioning an unregulated practice of violent self-help as a means of recovering one’s own property. An application of the definition of an “owner” under § 53a-118 (a) (5) and (b), however, that disregards a defendant’s bona fide claim of ownership, especially where the complainant and the state agree that the defendant is the rightful owner of the property, errs in the opposite direction. Under this incorrect interpretative methodology, the complainant can be found to be the “owner” of the $294 that indisputably belonged to the defendant at the time of the incident, and her right of possession over it can be found to be superior to the defendant’s right simply because she decided to withhold it from him and to maintain control over it.

“A conclusion here that a claim of right, for policy reasons, should no longer be recognized as a defense to robbery—even where the defendant can establish that he [was attempting to take] back specific property to which he has lawful title or a bona fide claim of ownership—would mean such a defendant could be convicted of robbery based on [another’s] theft of his own property, a proposition that would stand in patent conflict with both the commonsense notion that someone cannot steal his own property, and the corollary rule that theft, the taking of the personal property of another ... is a lesser included offense at the core of every robbery.” (Citation omitted; emphasis in original; internal quotation marks omitted.) People v. Tufunga, 21 Cal. 4th 935, 948, 987 P.2d 168, 90 Cal. Rptr. 2d 143 (1999). In accordance with both common sense and our plain and unambiguous statutory criteria for the offense of larceny (and therefore also an attempt to commit robbery in the first degree), we conclude that the evidence presented to the jury was insufficient to establish that the complainant or any person other than the defendant was the “owner” of the $294 pursuant to §§ 53a-118 (a) (5) or 53a-118 (b).

*712IV

As previously noted, there is a lack of evidentiary support for the conclusion that the defendant intended to take any currency or property worth $294; see part III A of this opinion. The law of larceny distinguishes between (1) a claim of right in specific property that a defendant seeks to satisfy by retaking that specific property, and (2) a claim of right that arises from a debt that a defendant seeks to satisfy by taking any currency or property as payment for that debt. “A claim of right defense . . . must encompass (1) some form of pre-existing ownership or possession of (2) specific property.” (Emphasis in original.) State v. Stenger, 122 Haw. 271, 285, 226 P.3d 441 (2010). “[S]elf-help by a person who claims that the victim of his or her taking owes that person money, and who intends to hold the debtor’s property until the debt is paid, does not qualify as a claim made in good faith. This is different from the case of one who in good faith claims an ownership right in the subject matter of the taking, as opposed to its value.” (Footnote omitted.) 50 Am. Jur. 2d, supra, § 42, p. 52.

Usually “[t]he distinction between specific personal property and money in general is important. A debtor can owe another $150, but the $150 in the debtor’s pocket is not the specific property of the creditor. One has the intention to steal when he takes money from another’s possession against the possessor’s consent even though he also intends to apply the stolen money to a debt. The efficacy of self-help by force to enforce a bona fide claim for money does not negate the intent to commit robbery. Can one break into a bank and take money so long as he does not take more than the balance in his savings or checking account? ... A debt is a relationship and in respect to money seldom finds itself embedded in specific coins and currency of the realm. Consequently, taking money from a debtor *713by force to pay a debt is robbery. The creditor has no such right of appropriation and allocation.” Edwards v. State, 49 Wis. 2d 105, 113-14, 181 N.W.2d 383 (1970).

Stated another way, usually “a person cannot have a true claim to bills or other currency, because they are fungible .... Generally, the law considers a defendant who believes that he is owed a sum of money, and then takes cash in that amount by force, to have committed robbery. On the other hand, a good faith belief that a chattel belongs to the taker would, if credited by the jury, negate the larcenous intent element of robbery ....

“The difference lies in whether defendant may have a good faith belief that the particular property belonged to him. When a defendant takes a hundred dollars from a debtor by force, without any evidence to suggest that defendant cares about the particular bills making up that hundred dollars, defendant cannot be said to have a good faith belief that the bills are his own. On the other hand, when a defendant takes a painting, or a car, or a television set, he may have an honest belief that it is his own property he is retrieving.

“Currency might be, in essence, chattel if its intrinsic qualities, as opposed to its monetary value, are significant to the defendant, for example if defendant takes what he mistakenly believes to be a Roman coin from his collection or what he incorrectly thinks is a bill he marked with a handwritten poem. One can also conceive of a situation in which cash acquires a chattel-like status, through the circumstances of the taking. A person who sees a burglar emerge from her home carrying what she believes to be bundles of cash she had left under her bed has a claim of right defense if she takes the cash back by force and it turns out that it was not hers.” (Citations omitted.) People v. Pagan, 19 *714N.Y.3d 91, 97-98, 968 N.E.2d 960, 945 N.Y.S.2d 606 (2012).

The defendant in People v. Pagan, supra, 19 N.Y.3d 94-95, was charged with, inter alia, attempted robbery in the second degree after (1) she gave a $20 bill and a $1 bill to a taxicab driver to pay for a $4 fare; (2) he returned her $1 bill and gave her $16 in change; (3) she insisted that he owed her $17 instead; (4) he returned her $20 bill upon her insistence; (5) she retained both the $20 bill and the $16 in change after he refused her payment of $4 from the $16 in change; (6) he asked her to return just the $16 in change; and (7) she assaulted him and threatened to use a knife on him after he picked up the $16 that she had set down near him. The court affirmed her conviction and noted in relevant part: “[T]here was no evidence that the particular bills making up the $16 had any significance for defendant, or that she could identify them as hers. Those bills were change that the cabdriver produced after defendant gave him $20.” Id., 98. The court concluded: “[T]he jury could have rationally concluded that defendant had no good faith belief that the bills she tried to take were hers, but was instead trying to take money she knew was another’s.” Id., 98-99.

In contrast, there is no evidence in the present case that the defendant sought to retake anything other than the specific $294 that he had sent to the complainant in order to obtain a bail bond or a lawyer. Several of the witnesses, including the complainant, answered in the negative when asked if the defendant tried to take any other money or property from the complainant’s person. This testimony is consistent with the testimony describing the scope of the defendant’s assaultive conduct—he dragged her, grabbed her, and placed his knife on or near her body, but he did not search for or remove property on her person, nor did he forcibly take her to a place where she could obtain money other than the *715$294 he had sent to her or property worth $294. The evidence instead indicates that the defendant intended to take the complainant to her home so that he could retake the $294. Furthermore, the defendant referred to the money as money that he owned, i.e., “my money,” not as money that he was owed, i.e., a debt.

As previously noted, “[e]ach essential element of the crime charged must be established by proof beyond a reasonable doubt, and although it is within the province of the jury to draw reasonable, logical inferences from the facts proven, they may not resort to speculation and conjecture.” (Internal quotation marks omitted.) State v. Smith, 185 Conn. 63, 71, 441 A.2d 84 (1981). Yet, there was no basis other than speculation or conjecture for the jury to conclude that the state had established beyond a reasonable doubt the defendant’s intent to take the complainant’s property, as opposed to his property, given that the cumulative force of the evidence pertaining to intent focused on the specific $294 that the defendant had sent to the complainant. A fact finder may be able to draw a reasonable, logical inference from evidence, not from a lack thereof.

The issue of whether the defendant would have been satisfied if the complainant had given him any combination of bills totaling $294 or one or more items of property worth that amount on the night of the incident is not addressed by the evidence. It is therefore outside the scope of the evidence and the claim presently before us. The state, not the defendant, bore the burden of presenting evidence to establish that the defendant’s conduct amounted to a “robber[y] perpetrated to satisfy, settle or otherwise collect on a debt, liquidated or unliquidated,” and not a “forcible [taking] intended to recover specific personal property in which the defendant in good faith believes he has a bona fide claim of ownership or title . . . .” People v. Tufunga, supra, 21 Cal. 4th 956. Its failure to do so renders the evidence *716insufficient to establish the intent element of larceny and therefore attempt to commit robbery in the first degree.

V

A pair of cases from other jurisdictions illustrates and discusses the required larceny predicate to proof of robbery.11 In People v. Tufunga, supra, 21 Cal. 4th 939-42, the defendant was charged with and found guilty of, inter alia, residential robbery after a domestic dispute during which he used force to take $200 from the victim, his former wife. The defendant and the victim gave conflicting testimony regarding the factual basis of the charge. Id. The victim testified that her mother had given her the money, which she placed on her coffee table and which the defendant took after he assaulted her. Id., 940. In contrast, the defendant testified that he had given the money to the victim in order to help her pay a bill. Id., 941. He placed the money on the coffee table during his visit to the victim’s house, but during their dispute, the victim picked up the money and put it in her bra. Id., 942. The defendant believed that the victim intended to give the money to her mother rather than use it to pay her bill, and he demanded that she return it to him. Id. When she refused to do so, he reached into her bra, took the money, and walked out the front door of the victim’s house. Id.

“At trial, the defense requested instruction on a claim-of-right defense to the charge of robbery. The trial court concluded the facts would not support the defense and refused to instruct on it. On appeal, defendant urged that even if he had used force to take back his $200, that fact is immaterial to the existence of his bona fide *717belief in bis right to take back the money he conditionally gave to [the victim], once he concluded in good faith that she was not going to use it to pay bills and would instead turn it over to her mother. The People responded that defendant furnished no substantial evidence of a bona fide belief in his right to reclaim the money. Although the source of the money present in the apartment during the incident was therefore disputed at trial ... it was not disputed that the same $200 in currency was at the heart of the controversy. In other words, if defendant’s version of the incident was believed, there was no further evidence or claim by the People that [the victim] had commingled the specific currency he gave her with her own funds before he grabbed it back and fled from her apartment.” Id., 942-43.

The court in Tufunga held that the evidence was sufficient to warrant a claim-of-right defense instruction and noted: “[I]f defendant’s version of the events was believed, even his self-admitted use of force did not preclude his raising a claim-of-right defense to the robbery charge, given his further testimony that he brought $200 into the victim’s home and took back the same currency upon fleeing.” Id., 944-45. After a thorough examination of the legislative history underlying California’s larceny and robbery statutes, the court also determined that “a claim-of-right defense can negate the animus furandi element of robbery where the defendant is seeking to regain specific property in which he in good faith believes he has a bona fide claim of ownership or title.” (Emphasis in original.) Id., 950. It deemed the defense to be unavailable to defendants who commit robberies simply to collect on debts, however, because a forcible taking of any property in which a defendant has no recognized interest, so long as it satisfies a claimed debt, is a larcenous exercise in violent self-help, not a reclamation of that defendant’s own property. Id., 950-56.

*718In People v. Falkner, 61 Ill. App. 3d 84, 85, 377 N.E.2d 824 (1978), the defendant was charged with felony murder after he shot a fellow bar patron during an armed robbery. The incident characterized as the armed robbery was a dispute between the defendant and a bartender where the defendant threatened the bartender with a gun because he believed that the bartender had not provided him with the correct change for the $50 bill that he used to pay for his drinks. Id., 87-88. The bartender gave more money to the defendant in response to the defendant’s threat, and as the defendant tried to leave the bar, he encountered the victim and other bar patrons, resulting in the struggle in which the defendant shot the victim. Id., 88. The defendant claimed on appeal that “his taking of money from [the bartender] at gunpoint was not done with the intent to rob him but rather was a reckless attempt to stop [the bartender] from interfering with defendant’s own property by shortchanging him. He assert[ed] the requisite intent element of armed robbery was not present and, therefore, neither was the underlying forcible felony element of the felony murder charge.” Id., 87.

The court in Falkner agreed with the defendant: “In the instant case defendant was in a place where he was known and carrying a substantial sum of his own money when the alleged armed robbery occurred. While the evidence was conflicting as to whether defendant gave the bartender a $50 or a $20 bill in payment for the drinks, a conclusion by the fact-finder that it was only a twenty would not establish defendant intended to rob the bartender. It would be equally probable to conclude defendant was confused or mistaken as to the denomination of the bill and intended only to recover his correct change as he and other witnesses testified. A factual determination of the denomination of the bill, alone, cannot in these circumstances establish defendant’s intent. All the witnesses testified that defendant initially *719asked for his own money. Those persons who heard him ask for money a second time differed as to whether he then demanded ‘all the money’ or ‘all my money.’ Even if defendant in fact requested ‘all the money’ on the second occasion this could have referred to all the money that was rightfully his if he thought he still had not received proper change. There was evidence that on a prior occasion in the same place defendant claimed to have given a $60 bill to a person collecting cover charge when he had in reality only given a twenty. While such evidence might suggest that defendant practiced a scheme to defraud persons changing bills for him, it also might be said that such evidence showed that on another occasion when defendant realized he had made an error he peacefully accepted it and left. The evidence here leaves us with a grave doubt as to defendant’s intent to commit armed robbery and, therefore, we must find that the necessary armed robbery element of the felony minder charge was not proved beyond a reasonable doubt.” Id., 90.

There is an element of immediacy in Tufunga and Falkner that is absent from the present case, insofar that an undefined amount of time passed between when the defendant sent the $294 to the complainant and when he sought to retake it from her. The present case is also distinguishable from Tufunga and Falkner, however, because the evidence does not present any factual disputes regarding the defendant’s ownership interest in the property that he sought to retake, whereas the evidence in Tufunga and Falkner presented many such disputes, none of which precluded either court from holding that the defendant’s claim of right in the stolen property negated the intent element of larceny and therefore robbery.

The evidence in this case, as acknowledged by the state, is insufficient to establish the defendant’s intent to commit larceny, and therefore, we conclude that *720the necessary intent element of the attempt to commit robbery in the first degree charge was not proved beyond a reasonable doubt.

VI

The “defendant’s actions in seeking to recover from the victim, albeit with force, what he believed in good faith was his specific property, no matter how reprehensible and otherwise unlawful those actions may have been, did not constitute a felonious taking necessary for conviction of robbery.” (Emphasis in original.) People v. Tufunga, supra, 21 Cal. 4th 956. They nonetheless may have been the basis for other charges. “In many if not most such cases . . . the defendant likely will have committed various separately chargeable assaultive crimes through utilization of the force or fear necessary to support the charge of robbery.” Id., 949.

As defense counsel contended during oral argument before this court: “[T]he substitute information—they picked the wrong crimes. There was no robbery here because the robbery statute requires a larceny and the elements fell short on that. Initially, [the defendant] was charged . . . with assault and unlawful restraint. We’re not condoning violence. We’re not asking this court to condone violence. We’re not asking this court to condone vigilantism or taking your issues into the street, if you will. What we are saying is that the elements were not met. . . . We’re not saying he didn’t commit a crime. . . . We’re not saying that it’s okay to be violent. We’re just saying that the state didn’t prove the crime that they charged.” The defendant was arrested and charged initially pursuant to an information dated December 2,2009, with (1) assault in the third degree in violation of § 53a-61, (2) unlawful restraint in the first degree in violation of § 53a-95, (3) reckless endangerment in the second degree in violation of § 53a-64, (4) threatening in the second degree in violation of *721§ 53a-62, and (5) breach of the peace in the second degree in violation of § 53a-181. None of these charges referenced larceny or robbery.

Our sufficiency of the evidence analysis is limited to the crime with which the defendant was charged and convicted, attempt to commit robbery in the first degree in violation of §§ 53a-49 and 53a-134. For the foregoing reasons, we agree with the defendant that the evidence was insufficient to establish beyond a reasonable doubt that he intended to take the property of another, and this is an essential element of larceny and therefore attempt to commit robbery in the first degree.

The judgment is reversed and the case is remanded with direction to render judgment of acquittal on the charge of attempt to commit robbery in the first degree in violation of §§ 53a-49 (a) (2) and 53a-134 (a) (3).

In this opinion LAVINE, J., concurred.

SHELDON, J.,

concurring. Although I agree with and join in the well reasoned opinion of the court, I write separately to address what might appear to be an inconsistency between the rule upon which we rely in deciding this case and the public policy of this state disfavoring the use of violent self-help to resolve private disputes over property. We hold, on the undisputed facts before us, that when the defendant, Tremaine Smith, used force and violence to compel the complainant to return the $294 he had given her to hire him a lawyer or to post his bail, he did not commit attempted robbery in the first degree because he lacked the mental state required for commission of that offense. The mental state so required, which is identical to that required for commission of the completed offense of robbery and its included offense of larceny, is now, as it was at common law, the felonious intent to deprive an owner permanently of her property. Consistent with that *722requirement, our courts have long held that a person who takes, obtains or withholds property from another with the good faith belief that he is the true owner of the property lacks felonious intent to deprive an owner permanently of her property. See, e.g., State v. Main, 75 Conn. 55, 59, 52 A. 257 (1902). Here, then, because the evidence indisputably shows that the defendant acted with the good faith belief that the property he sought to recover from the complainant was his own, we have held that the essential element of felonious intent to deprive an owner permanently of her property has not been proved.

At the same time as the drafters of our Penal Code sought to preserve the common-law requirement of felonious intent as an essential element of larceny, however, they enacted two other statutes that bear upon the legality of a theft victim’s efforts to recover his stolen property from a thief. It is appropriate to consider the impact, if any, of those statutes on the conclusion we have reached today. The first such statute is General Statutes § 53a-118 (b), which provides that “[a] person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of a person who takes, obtains or withholds it from him by larcenous means.” The potential significance of this provision arises from the parallel between its language and that of § 53a-118 (a) (5), which defines the term “owner,” for purposes of our larceny statutes, as “any person who has a right to possession superior to that of the taker, obtainer or withholder.” In light of that definition, § 53a-118 (b) establishes that a person who takes, obtains or withholds stolen property from a thief commits larceny with respect to such property if he does so “by larcenous means.” The statute thus enforces the rule that he who steals from a thief is a thief, and thus may be prosecuted *723for larceny or any other offenses requiring proof of larceny on the basis of his conduct.

As the court points out, however, § 53a-118 (b) does not state precisely when the taking, obtaining or withholding of stolen property from a thief is accomplished “by larcenous means.” It, therefore, does not distinguish between the use of larcenous means to take, obtain or withhold property from a thief in possession of stolen property and an attempt to commit larceny with respect to such property, and certainly does not create a statutory presumption that any unconsented-to taking, obtaining or withholding of stolen property from the thief—in short, a common-law trespass—constitutes stealing such property from an owner. The statute thus leaves the related questions of the taker’s, obtainer’s or withholder’s use of larcenous means and of the thief s resulting statutory ownership of the stolen property at the time of the taking, obtaining or withholding to be resolved under the established law of larceny. Under that law, to reiterate, the essential distinction between a larceny and a mere trespass is that the former can only be committed by one acting with the felonious intent to deprive an owner permanently of her property. The statute, therefore, does not affect the right of a title owner of stolen property to defend himself against a charge of larceny or robbery that is based upon the taking, obtaining or withholding of such property from a thief in possession of it on the ground that he lacked the felonious intent to deprive an owner permanently of her property because he believed in good faith that the recovered property was his own.

The second statute enacted as part of our Penal Code that bears directly upon the right of a theft victim to recover his stolen property from a thief in possession of it is General Statutes § 53a-21, which provides in relevant part: “A person is justified in using reasonable physical force upon another person . . . when and to *724the extent he reasonably believes such to be necessary to regain property which he reasonably believes to have been acquired by larceny within a reasonable time prior to the use of such force; but he may use deadly physical force under such circumstances only in defense of person as prescribed in section 53a-19.” So written, § 53a-21 does not purport to modify the statutory definitions of or proof requirements for any substantive criminal offense. Instead, it establishes a defense of justification that a theft victim may raise to any charge brought against him that is based upon his use of force to recover stolen property from a thief, provided that his use of force is of the kind, and is made in the manner and under the circumstances, described in the statute. The conduct so justified, as to which the statute affords a complete defense unless the state can disprove it beyond a reasonable doubt when the defendant raises it at trial, is of two types: (1) the use of reasonable physical force to regain property which the defendant reasonably believes to have been acquired from him by larceny within a reasonable time prior to the use of such force; and (2) the use of deadly physical force in the above-specified circumstances if, but only if, such force is independently justified in defense of person under General Statutes § 53a-19. A claim that the defendant used physical force against another person, of the kind, in the manner, and under the circumstances described in § 53a-21, is a defense to any offense requiring proof of his use or threatened use of force to recover stolen property from a thief in possession of it.

In this case, where the defendant was charged with attempt to commit robbery in the first degree in violation of General Statutes § 53a-134 (a) (3), it is undisputed that the defendant could not appropriately have asserted a defense of justification under § 53a-21. The defense was concededly unavailable to the defendant as a matter of law because the kind of force he used *725against the complainant to compel her to surrender the $294 he had given her to hire him a lawyer or post his bail was deadly physical force, involving, as it did, the use or threatened use of a knife, wielded as a dangerous instrument, for which he had no independent justification in defense of person under § 53a-19. The very different reason why the defendant did not raise the defense, however, as previously discussed, is that his alleged conduct assertedly did not require legal justification because, in the absence of felonious intent, it did not constitute attempted larceny, or thus attempted robbery of any grade or degree.

At first blush it might be seen that the defendant’s reading of the larceny statutes, with which we have agreed, is inconsistent with the public policy of this state disfavoring the use of violent self-help to resolve private disputes over property, as embodied in § 53a-21. If the defendant’s unjustifiable use or threatened use of force and violence to compel the complainant to return his stolen $294 is not to be punished as attempted robbery in the first degree in this case, it might be asked, what is the purpose of the carefully delineated limitations over the permissible use of force for the retaking of stolen property set forth in § 53a-21? If the effect of the court’s inteipretation of the larceny statutes is to render § 53a-21 a nullity, should that interpretation be revised by reading § 53a-21 to abrogate the common-law claim of right defense as a basis for disproving the felonious intent element of larceny, at least as applied to larcenies committed by the use or threatened immediate use of physical force—that is, to robberies? Such an inteipretation would make any conduct involving the taking, obtaining or withholding of property from another by the use or threatened immediate use of physical force punishable as robbery unless it was justified under the requirements of § 53a-21.

*726There are two important reasons why the foregoing approach, as advocated by the state, would be unwise and inappropriate. First, it is not our function to rewrite our state’s criminal statutes for any purpose, even to accord with what we might find to have been the legislature’s pronouncement of public policy in a closely related context, if the legislature has not seen fit to do so itself. Here, the legislature expressly provided that the defense of justification set forth in § 53a-21 would not be available to any person who used deadly physical force to recover his stolen property from a thief in possession of it in the absence of an independent justification for using such force in defense of person under § 53a-19. It did not, however, in § 53a-21, as a statute establishing a defense of justification as to conduct that might otherwise be prosecuted and punished under several different criminal statutes, address itself to the proof requirements of any such statutes, most of which were enacted as parts of the same public act, Public Acts 1969, No. 69-828, by which § 53a-21 and the rest of our Penal Code became law. It therefore cannot be read to have modified the proof requirements of the larceny and robbery statutes even if it is found to be inconsistent with them. Because it is the role and responsibility of the legislature, not the courts, to define crimes and prescribe punishments for them, we must refrain from attempting to resolve any apparent inconsistency between the proof requirements of larceny and robbery and the defense of justification under § 53a-21 by adopting a creative interpretation of the larceny statutes that deprives the defendant, retroactively, of what is still a viable claim of right defense.

My second reason for declining the state’s invitation to reinterpret our larceny statutes to enforce the public policy embodied in § 53a-21 is my belief that the court’s reading of the larceny statutes is fully consistent with the purposes of § 53a-21, when that statute is properly *727understood. If, as the drafters of the Penal Code expressly stated, it was their purpose to enforce the common-law felonious intent requirement as part of our larceny statutes, then they doubtless knew that situations would arise in which theft victims would attempt to recover their stolen property from thieves in possession of it. Although an owner’s efforts to recover what he believes in good faith to be his own property from a thief would never constitute larceny, or thus be punishable as robbery or attempted robbery, the circumstances in which retakings might be attempted would predictably be fraught with tension, anger or hostility, risking escalation into violent encounters potentially involving the use or threatened use of physical force. There was thus a need to regulate the amount of force that could permissibly be used in such encounters and to limit the circumstances in which the use of such force would be justified. The careful articulation of the defense of justification, as set forth in § 53a-21, was obviously designed to establish these limitations on the use of force to accomplish the lawful purpose of retaking stolen property from a thief, not to determine the lawfulness, as a threshold matter, of the underlying retaking, which was unquestioned in light of the owner’s lack of felonious intent. Against this background, the true purpose of § 53a-21 was therefore not to afford a defense to the crime of robbery, for which it was not necessary, but to afford a defense to other crimes with which a theft victim might be charged on the basis of his predictable use or attempted use of force in an effort to recover his stolen property. Here, then, where the defendant was convicted only of attempted robbery in the first degree, of which he could not be convicted despite the unavailability to him of the defense of justification under § 53a-21, he could appropriately have been charged with and convicted of other offenses involving the use or threatened use of *728physical force, such as assault, threatening or unlawful restraint, if and to the extent that his proven use of force was not justified under § 53a-21. The statute thus performs its proper and expected purpose by distinguishing between theft victims’ justifiable uses of force to recover stolen property, in connection with which they enjoy a complete defense, and other uses of force not justified for that purpose under the statute, on the basis of which they may be prosecuted for and convicted of offenses other than robbery and larceny.

For the foregoing reasons I agree that the defendant’s conviction of attempted robbery in the first degree must be reversed and that this case must be remanded with direction to render judgment of acquittal on that charge.

13.6 State v. Felder 13.6 State v. Felder

STATE OF CONNECTICUT v. BRUCE FELDER

(AC 25673)

DiPentima, Gruendel and McDonald, Js.

*249Argued November 30, 2005 —

officially released May 9, 2006

David J. Reich, special public defender, for the appellant (defendant).

Timothy J. Sugrue, senior assistant state’s attorney, with whom, on the brief, were James E. Thomas, state’s *250attorney, and Thomas R. Garcia, assistant state’s attorney, for the appellee (state).

Opinion

MCDONALD, J.

The defendant, Bruce Felder, appeals from the judgment of conviction, rendered after a jury trial, of one count of larceny in the first degree in violation of General Statutes § 53a-122 (a) (3) and one count of larceny in the second degree in violation of General Statutes § 53a-123 (a) (3). The defendant claims that the trial court improperly (1) limited cross-examination of Officer Paul Cicero of the Hartford police department in violation of the defendant’s sixth amendment right to confrontation, (2) instructed the jury on larceny by failing to charge the jury that larceny requires a trespass to the person, (3) upheld the judgment convicting the defendant of larceny in the first degree despite insufficiency of the evidence that the value of the victim’s motor vehicle was in excess of $10,000 at the time that it was stolen and (4) denied the defendant’s motion for a new trial. We disagree with the defendant and affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On August 16, 2002, Joseph Lewis and Robert Charette, Jr., drove to Hartford in Lewis’ 2001 Chevrolet S-10 pickup truck for the purpose of attending an event at the Hartford Civic Center. Once the men arrived in Hartford, they became lost and ended up in the north end of Hartford, where they encountered the defendant while stopped at a traffic light. The defendant pulled Lewis from his vehicle and then took his wallet, money, chain necklace and keys from his person. Charette left the vehicle and fled. The defendant then drove away in the vehicle. Later the next day, the police apprehended the defendant, who was found next to Lewis’ vehicle with the keys to the vehicle on his person.

*251The defendant was charged in count one with robbery in the first degree in violation of General Statutes § 53a-134 (a) (3), in count two with conspiracy to commit robbery in the first degree in violation of General Statutes §§ 53a-134 (a) (3) and 53a-48 (a), in count three with larceny in the first degree in violation of § 53a-122 (a) (3), in count four with larceny in the second degree in violation of § 53a-123 (a) (3) and in count five with assault in the second degree in violation of General Statutes § 53a-60 (a) (2). After trial, the jury returned a verdict of guilty as to the larceny counts, counts three and four, and not guilty as to counts one, two and five. The court rendered judgment in accordance with the verdict and sentenced the defendant to a total effective term of thirty years incarceration. This appeal followed. Additional facts will be set forth as needed.

I

The defendant first claims that the court improperly limited cross-examination of Cicero in violation of the defendant’s sixth amendment right to confrontation. The defendant argues that during the hearing on the state’s motion in limine, the court ruled that the defendant could not cross-examine Cicero on comments he made in a radio transmission regarding a “half a G car”1 and his knowledge about the subject, and this prevented *252the defendant from questioning Cicero about the quality of the investigation and the credibility of the assessments Cicero made in the field.

We find the defendant’s claim unavailing. We conclude that the defendant acquiesced in the state’s motion in limine that limited cross-examination of Cicero as to the issue and that the defendant was not prevented from calling Cicero and questioning him about the quality of the investigation and the credibility of the assessments he made.

The following additional facts are pertinent to the defendant’s claim. Prior to trial, the state filed a motion in limine to prohibit, in the presence of the jury, the introduction of evidence or argument regarding drugs or the sale of drugs without a prior ruling by the court. During the hearing on April 1, 2004, the motion was refined to prohibit only any testimony from Cicero regarding his opinion about whether the vehicle in the case at hand was a “half a G” car. The following colloquy then occurred:

“The Court: [Defense counsel], how are you going to get Officer Cicero’s opinion into evidence? Just assuming arguendo that your question calls for opinion and then I’ll hear you if you think you can fashion a question that doesn’t call for an opinion. . . .
“[Defense Counsel]: Actually, I would not ask a question about his opinion.
“The Court: No. I’m going to want you to answer my questions. Then I’ll give you, I’ll listen to you as long as you want. Assuming that your question calls for an opinion about a half a G car or 1077 related or drug related or whatever opinion the officer expressed on the 911 tape or the police tape, how do you get that in?
“ [Defense Counsel]: I don’t think I’d ask that question. I don’t think I’d pursue that, Your Honor.
*253“The Court: Very well. . . .
“[Defense Counsel]: What I would like to ask the officer, since he has demonstrated knowledge of it, I’d ask him to define what a half a G car is.
“The Court: On cross-examination.
“[Defense Counsel]: Or call him in on direct.
“The Court: Oh. That’s a different story. . . . [I]f [the defendant] is going to take the [witness] stand and testify or you have other witnesses who were going to come and testify that this was a drug transaction, then the car was loaned or temporary possession of the car' was transferred for drugs, different kettle of fish. That’s fine. You can do that, of course. The state’s motion is [that] your cross-examination of Officer Cicero about any statements he made about looks like maybe a drug activity . . . those are all speculation and opinion, I believe, unless you wish to convince me otherwise, and I’m hearing you say you don’t.
“[Defense Counsel]: No. That’s correct. I don’t care to. . . .
“The Court: . . . So, that’s the state’s motion. Right?
‘ ‘ [The Prosecutor]: Yes, basically precluding any questioning of Officer Cicero, at least in the state’s case, respecting half a G car.
“The Court: . . . What else can I do for or to you, [defense counsel]?
“[Defense Counsel]: Well, I would like to call Officer Cicero regarding his knowledge of transactions where vehicles are lent out for purposes of drugs, in exchange for drugs.
“The Court: Oh. You’ll need something to connect that. I mean, you certainly can’t do it on cross-examination. When it comes time for your case-in-chief, then if *254you have the desire to call Officer Cicero as part of some evidence, some actual evidence that this occurred. I mean, I’m not suggesting that you can’t ask the victim in this case .... You’re free, if you have a good faith basis, to ask whether they were there to buy drugs or whether they bought drugs, whether they gave the car for drugs.
“[Defense Counsel]: Yeah.
“The Court: . . . But to use Officer [Cicero] as an expert witness is problematic, and to use him as an opinion is problematic, but what you do in your casein-chief, we’ll deal with later. This motion only goes to cross-examination of Officer Cicero during the state’s case-in-chief. Now, that’s not to say [that] if [the state] takes leave of [its] senses and starts asking about half a G car on direct . . . unless the questions somehow end up within the scope of direct, I think we’re agreed that there is no chance of getting Officer [Cicero’s] opinion about drug . . . involvement and I don’t . . . see how you’re going to get around the scope. Anything else?
“[Defense Counsel]: No, Your Honor.”

During the defendant’s case on April 5, 2004, the defendant again expressed his intention to call Cicero as a witness and stated that he was “not going to ask [Cicero] about the half a G car.” Later, however, the defendant stated that he would not call Cicero as a witness: “I would waive Cicero’s appearance. ... I don’t think it’s that necessary.”

“Waiver is an intentional relinquishment or abandonment of a known right or privilege. ... It involves the idea of assent, and assent is an act of understanding. . . . The rule is applicable that no one shall be permitted to deny that he intended the natural consequences of his acts and conduct. ... In order to waive a claim *255of law it is not necessary . . . that a party be certain of the correctness of the claim and its legal efficacy. It is enough if he knows of the existence of the claim and of its reasonably possible efficacy. . . . Connecticut courts have consistently held that when a party fails to raise in the trial court the constitutional claim presented on appeal and affirmatively acquiesces to the trial court’s order, that party waives any such claim.” (Citations omitted; internal quotation marks omitted.) State v. Tyson, 86 Conn. App. 607, 612-13, 862 A.2d 363 (2004), cert. denied, 273 Conn. 927, 873 A.2d 1000 (2005); see also State v. Ruffin, 48 Conn. App. 504, 510, 710 A.2d 1381 (“[o]ur procedure does not allow a defendant to pursue one course of action at trial and later, on appeal, argue that the path he rejected should now be open to him”), cert. denied, 245 Conn. 910, 718 A.2d 18 (1998).

The record shows that after the court expressed interest in the issue and stated that it was willing to hear the defendant’s argument, the defendant repeatedly declined the court’s invitation, stating instead that he did not intend to question Cicero regarding his opinion about whether the vehicle in the case at hand was a “half a G car” and, in effect, withdrew any objection to the state’s motion in limine. By agreeing to the court’s ruling on the state’s motion in limine, the defendant expressly waived the claim he now pursues on appeal, which is that the court deprived him of his constitutional right to cross-examine Cicero on comments he made in a radio transmission regarding a “half a G car” and his knowledge about the subject. Accordingly, that claim must fail.

Furthermore, the defendant cannot claim now that he was prevented from questioning Cicero because he, himself, chose not to call Cicero as a defense witness. “The term induced error, or invited error, has been defined as [a]n error that a party cannot complain of on appeal because the party, through conduct, encour*256aged or prompted the trial court to make the erroneous ruling. ... It is well established that a party who induces an error cannot be heard to later complain about that error. . . . [T]o allow [a] defendant to seek reversal [after] ... his trial strategy has failed would amount to allowing him to induce potentially harmful error, and then ambush the state [and the trial court] with that claim on appeal. ... In State v. Cruz, 269 Conn. 97, 106, 848 A.2d 445 (2004), our Supreme Court held that review of induced, unpreserved error is not permissible under State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989).” (Citation omitted; internal quotation marks omitted.) State v. DiLoreto, 88 Conn. App. 393, 397-98, 870 A.2d 1095 (2005).

Accordingly, we conclude that the defendant was not prevented from questioning Cicero, as the defendant, himself, chose not to call Cicero as a witness.

II

The defendant’s second claim is that the court improperly instructed the jury as to larceny in the second degree by failing to charge the jury that larceny requires a trespass to the person, an essential element of the crime.2 The defendant did not file a request to *257charge as to larceny in the second degree and failed to take exception to the charge. He now seeks review of this claim under State v. Golding, supra, 213 Conn. 239-40.3 We will review his claim under Golding because the record is adequate for review, and the claim *258that the jury was not instructed on an essential element of an offense is of constitutional magnitude. We conclude, however, that the defendant cannot prevail under the third prong of Golding because he has not established that a constitutional violation clearly exists that clearly deprived him of a fair trial. See State v. Smith, 70 Conn. App. 393, 397-98, 797 A.2d 1190, cert. denied, 261 Conn. 924, 806 A.2d 1063 (2002).

“In a criminal case, the state must prove, and the trial court must instruct the jury on, each essential element of the crime charged. ... A trial court’s failure to instruct on any of these elements warrants reversal regardless of whether the defendant objected at trial. ... It cannot be considered harmless error for a jury to find an accused guilty without even knowing what are the essential elements of the crimes charged. . . . Put another way, the failure to instruct a jury on an essential element of a crime charged is error because it deprives the defendant of the right to have the jury told what crimes he is actually being tried for and what the essential elements of those crimes are. . . . After all, when [the defendant] exercised his constitutional right to a jury, he put the [state] to the burden of proving the elements of the crimes charged to a jury’s satisfaction .... It is, therefore, constitutionally axiomatic that the jury be instructed on the essential elements of a crime charged. ... A claim that the trial court failed to instruct the jury adequately on an essential element of the crime charged necessarily involves the defendant’s due process rights and implicates the fairness of his trial.” (Citations omitted; internal quotation marks omitted.) State v. Flowers, 69 Conn. App. 57, 68-69, 797 A.2d 1122, cert. denied, 260 Conn. 929, 798 A.2d 972 *259(2002). Accordingly, the defendant’s claim is of constitutional magnitude alleging the violation of a fundamental right.

We turn now to the third prong of Golding, which requires the defendant to establish that the alleged constitutional violation clearly exists and clearly deprived him of a fair trial. See State v. Golding, supra, 213 Conn. 239-40.

General Statutes § 53a-119 defines larceny in relevant part as follows: “A person commits larceny when, with intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from an owner. . . .”

The defendant claims that the court’s jury instruction on larceny was deficient and therefore misleading because “[t]here was no instruction that [the defendant] had to take the items against [the victim’s] will or to forcefully take them”; in other words, the instruction was missing the element of a trespass to the person. The defendant contends that, consequently, the faulty instruction misled the jury into believing that the defendant voluntarily could have been handed the keys and money by the victim and still be found guilty of larceny.

Our review of the record demonstrates that, on the contrary, the court clearly instructed the jury that larceny is the wrongful taking away from the possession or control of the person, whether by force or some other unlawful means. The court further defined “wrongfully” to mean without legal justification or excuse. The court unambiguously expressed the essence of larceny when it said that it involves “theft [from] a person” and that “[t]o take property from the person of another means that the item taken was actually on the body or held by or in some manner attached to the person of the victim.”

*260Viewing the court’s charge on larceny in the second degree in its entirety, we conclude that it is not reasonably possible that the jury was misled. The court closely followed the language of § 53a-123 (a) (3) in explaining the meaning of “taking property from the person of another.” Wrongfully taking property from the person of another constitutes a trespass of the person, and such a taking from the person constitutes larceny in the second degree. State v. Crowe, 174 Conn. 129, 134, 384 A.2d 340 (1977). We conclude that the jury properly was instructed on the elements of larceny in the second degree. The defendant, therefore, has failed to prove that the alleged constitutional violation clearly exists and clearly deprived him of a fair trial, and his claim must fail under the third prong of Golding.

Ill

The defendant next claims that the court improperly upheld the judgment convicting the defendant of larceny in the first degree despite insufficiency of the evidence that the value of the victim’s motor vehicle was in excess of $10,000 at the time that it was stolen. We cannot agree.

During trial, the state presented Lewis’ testimony that he had purchased the truck in May, 2002, approximately three months prior to the theft, for $22,500. Lewis further testified under cross-examination that $22,500 was the sticker price of the vehicle when he purchased it.

Section 53a-122 (a) provides in relevant part that “[a] person is guilty of larceny in the first degree when he commits larceny . . . and ... (3) the property consists of a motor vehicle, the value of which exceeds $10,000 . . . .” “Our Penal Code defines value of property as the market value of the property or services at the time and place of the crime or, if such cannot be satisfactorily ascertained, the cost of replacement of the property . . . within a reasonable time after the *261crime. . . . General Statutes § 53a-121 (a) (1). Market value has been defined as the price that would in all probability . . . result from fair negotiations, where the seller is willing to sell and the buyer desires to buy.” (Internal quotation marks omitted.) State v. Browne, 84 Conn. App. 351, 387, 854 A.2d 13, cert. denied, 271 Conn. 931, 859 A.2d 930 (2004).

“The law in Connecticut is well settled as to the competency of the owner of property to testify as to its value. . . . [T]he competence of a witness to testify to the value of property may be established by demonstrating that the witness owns the property in question. . . . The rule establishing an owner’s competence to testify reflects both the difficulty of producing other witnesses having any knowledge upon which to base an opinion especially where the stolen items are never recovered . . . and the common experience that an owner is familiar with her property and knows what it is worth. . . .

“It is difficult, however, to conceive of an owner having an innate concept of value simply by virtue of ownership. An owner must of necessity rely on other sources for his knowledge of value. Thus, [t]he owner of an article, whether he is generally familiar with such values or not, ought certainly to be allowed to estimate its worth; the weight of his testimony (which often would be trifling) may be left to the jury; and courts have usually made no objections to this policy.” (Citation omitted; internal quotation marks omitted.) Id., 387-88.

“The trier of fact determines the value of property. ... A reviewing court will not disturb the trier’s determination if, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Citation omitted; internal quotation marks omitted.) Id., 388.

*262“The test is whether the evidence was sufficient for the jury reasonably to conclude on the facts established and the reasonable inferences drawn therefrom that the cumulative value of the evidence was sufficient to justify a guilty verdict.” Id., 389. We conclude that it was. Lewis’ testimony with regard to the value of his vehicle was sufficient to satisfy the statutory element that the value of the motor vehicle was in excess of $10,000, and Lewis was competent to testify as to the value of his property.

IV

The defendant’s final claim is that the court improperly denied his motion for a new trial. We disagree.

“[T]he proper appellate standard of review when considering the action of a trial court granting or denying a motion to set aside a verdict and motion for a new trial . . . [is] the abuse of discretion standard. ... In determining whether there has been an abuse of discretion, every reasonable presumption should be given in favor of the correctness of the court’s ruling. . . . Reversal is required only where an abuse of discretion is manifest or where injustice appears to have been done. . . . [W]e do not . . . determine whether a conclusion different from the one reached could have been reached.” (Citations omitted; internal quotation marks omitted.) Davis v. Fracasso, 59 Conn. App. 291, 295, 756 A.2d 325 (2000).

The defendant argues that the court’s denial of his motion for a new trial should be reversed because the evidence did not support the finding that Lewis and Charette were robbed by the defendant and, thus, “ ‘injustice appears to have been done.’ ” The defendant now raises on appeal arguments regarding his version of events as testified about at trial, which version was at variance with the testimony of Lewis and Charette. Specifically, the defendant argues that the testimony of *263Lewis and Charette “does not make sense” and that if his testimony was considered, it would not have been possible for the jury to have returned the verdict that it did.

“We assume that the jury credited the evidence that supports the conviction if it could reasonably have done so. Questions of whether to believe or to disbelieve a competent witness are beyond our review. As a reviewing court, we may not retry the case or pass on the credibility of witnesses. ... We must defer to the trier of fact’s assessment of the credibility of the witnesses that is made on the basis of its firsthand observation of their conduct, demeanor and attitude.” (Internal quotation marks omitted.) State v. Osoria, 86 Conn. App. 507, 514-15, 861 A.2d 1207 (2004), cert. denied, 273 Conn. 910, 870 A.2d 1082 (2005).

These are arguments that the defendant properly raised at trial, and they were properly before the jury, but they are not the proper subject of an appeal.

The judgment is affirmed.

In this opinion the other judges concurred.

13.7 Notes & Questions (State v. Felder) 13.7 Notes & Questions (State v. Felder)

1.  State v. Felder Sufficiency.  Review the court's recitation of the facts that the "jury reasonably could have found" in State v. Felder.  Was there sufficient evidence to convict the defendant of the following crimes?  Why or why not (state the elements of each charge and the evidence to support it)?

  • Count one: robbery in the first degree in violation of General Statutes § 53a-134(a)(3)
  • Count two: conspiracy to commit robbery in the first degree in violation of General Statutes §§ 53a-134(a)(3) and 53a-48(a)
  • Count five: assault in the second degree in violation of General Statutes § 53a-60(a)(2)