People v. Nolley

Judgment unanimously modified on the law and as modified affirmed and *926matter remitted to Supreme Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting her of two counts each of forgery in the second degree and petit larceny and sentencing her, as a second felony offender, to a term of incarceration of 2 to 4 years. Defendant contends that the petit larceny convictions must be reversed as a result of Supreme Court’s failure to instruct the jury on the elements of larceny by false pretenses; that the court abused its discretion in its…