People v. Nelson

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 15, 2004, convicting defendant, after a nonjury trial, of grand larceny in the third degree, and sentencing him to a term of five years’ probation with restitution in the amount of $21,749.11, unanimously modified, on the law, to reduce the restitution to the amount of $6,865.40, and otherwise affirmed.

The verdict was not against the weight of the evidence. The evidence supports the inference that defendant acted with larcenous intent when he filed fraudulent tax returns in which he requested refunds, and obtained such…