People v. Rolchigo

Appeal from a judgment of the County Court of Schenectady County, rendered May 28, 1968, upon a verdict convicting defendant of the crime of grand larceny in the third degree, in violation of section 155.05 (subd. 2, par, [d]) of the Penal Law. The defendant was sentenced to an indeterminate term not exceeding three years in the custody of the Department of Correction. Appellant contends, inter alia, that the District Attorney improperly commented upon his failure to testify; that the People failed to prove fraudulent intent, a material element of the crime charged; and that the trial court…