People v. Fagan

Appeal from a judgment of the Livingston County Court (Gerard J. Alonzo, Jr., J), rendered August 30, 2001. The judgment convicted defendant, upon a jury verdict, of grand larceny in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of grand larceny in the third degree (Penal Law § 155.35). Contrary to the contention of defendant, there was legally sufficient evidence to convict-him for retaining mistakenly delivered funds without taking…