People v. Camiola

Overwhelming evidence establishes that defendant maintained a pattern of thefts from the elderly and increasingly senile victim over a two-year period, in which he transferred by various means, usually accomplished by her signature, significant assets to his own purposes. Although defendant was charged with several unelaborated counts of larceny, only a single, aggregated, charge of larceny, on a theory of trespassory taking, was submitted to the jury. The court instructed the jury, in defining the relevant terms of larceny, that in determining whether the victim had consented to the…