People v. Loncto

— Judgment modified, on the law and facts, and, as modified, affirmed, in accordance with memorandum. All concur, Simons, J., not participating. Memorandum: Overwhelming evidence in the record sup*1197ports defendant’s conviction of grand larceny in the second degree under the second count of the indictment and his conviction of forgery in the third degree as a lesser included offense under the third count of the indictment. The evidence is insufficient as a matter of law, however, to support defendant’s conviction of grand larceny in the second degree under the first count of the indictment. The…