Commonwealth v. Joy

HOFFMAN, Judge:

Appellant contends that the lower court erred (1) in instructing the jury that, for purposes of the offense of theft by deception, the jury could consider the respective ages, business experience, and mental capacity of the parties to a transaction in determining whether one party intentionally deceived the other, and (2) in considering, at the time of sentencing, appellant’s 1950 adjudication as a youthful offender under New York’s Youth Conduct Act. We find no error in the lower court’s instruction to the jury and, accordingly, we affirm the judgment of sentence. 1

The facts…