People v. Ralston

Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and otherwise judgment affirmed and defendant remanded to Supreme Court, Erie County, for resentencing, in accordance with the following memorandum: Defendants appeal from convictions of multiple counts of first degree scheme to defraud (Penal Law § 190.65) and second degree grand larceny (Penal Law § 155.35) arising from their involvement in fraudulent home *759improvement and investment schemes. Defendants contend that the indictments charging them as accomplices in the crimes varied from the prosecution’s proof offered…