People v. Burks

Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of a scheme to defraud in the first degree, two counts of issuing a bad check, grand larceny in the third degree and two counts of petit larceny. We reject defendant’s contention that County Court erred in failing to give a circumstantial evidence charge with respect to the crime of scheme to defraud.

The scheme to defraud crimes (Penal Law §§ 190.60, 190.65) were added to the Penal Law in 1976 (L 1976, ch 384) to aid in the prosecution of consumer fraud schemes where many victims are bilked mainly of…