People v. Van Wie

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of grand larceny in the second degree (Penal Law § 155.40 [1]) based on evidence of his larcenous taking, by false pretenses, of more than $50,000 in workers’ compensation benefits. On appeal, defendant argues that there was no larceny because Herkimer County was not the owner of the stolen money; that he could not be prosecuted for workers’ compensation fraud under the grand larceny statute, but only under Workers’ Compensation Law § 114; that his prosecution was ex post facto; that the Workers’…