People v. Barry

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered November 18, 2004. The judgment convicted defendant, upon a jury verdict, of grand larceny in the third degree.

*1341It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting her after a jury trial of grand larceny in the third degree (Penal Law § 155.35) arising from her theft of prescription medication from the pharmacy where she was employed. The People presented…