People v. Rosano

Suozzi, J. P. (concurring in part and dissenting in part).

I dissent from so much of the majority’s determination as affirms the defendants’ judgment of conviction on 15 counts of larceny in violation of section 79-a of the Lien Law for misappropriation of $777,851 of building loan trust funds and of $245,408.76 of vendees’ deposits, for a total $1,023,259.76, during the period October 31, 1973 to December 13, 1973 and of violating sections 352-h and 359-g of the General Business Law for misappropriating vendees’ contract advances.

In my opinion, these convictions must be reversed and a new…