People v. Fenner

— Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of grand larceny in the second degree by false promise (Penal Law § 155.05 [2] [d]; former § 155.35). He contends that the court improperly admitted evidence of a prior criminal act; that the evidence was insufficient to support his conviction; and that the court erred in refusing to instruct the jury that the People’s proof was "equivocal”. Defendant’s contentions lack merit.

Evidence of defendant’s prior crime was properly admitted to establish his larcenous intent in the charged incident (People v…