People v. Jarvis

Judgment insofar as it convicts defendant of violation of section 145 of the Social Services Law unanimously reversed and charge dismissed and otherwise judgment affirmed. Memorandum: Defendant was convicted following a jury trial for violation of section 145 of the Social Services Law, grand larceny, second degree and conspiracy in the third degree. The language of subdivision 1 of section 145 of the Social Services Law clearly states that the conduct proscribed therein is a misdemeanor "unless such act constitutes a violation of a provision of the penal law of the state of New York, in…