People v. Moscato

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Corso, J.), rendered June 16, 1997, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant, Joseph Moscato, is an artist and creative art director. In 1994, he became the vice-president of L.F. O’Connell Associates, Inc. (hereinafter Associates), a corporation principally engaged in the advertising and marketing industry on Long Island.

In March 1995, the defendant billed McGraw-Hill…