State v. Coleman

The State appeals from the order arresting the judgment of Mark Coleman's conviction of theft in the second decree, which was entered on the grounds of (1) insufficiency of the evidence; and (2) prosecutorial misconduct. We reverse.

On August 28, 1987, Coleman was charged with theft in the first degree. He had been employed as a dance instructor at The Dance Factory by Sharon Ardelle. He was accused of receiving money from his dance students and not turning the money over to Ardelle or the firm's receptionist, as was the expected practice.

After a change in defense counsel and a request by the…