People v. McCormick

OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the defendant, who has been convicted after a jury trial of the crimes of grand larceny in the third degree, offering a false instrument for filing in the first degree and second degree, misuse of food stamps and welfare fraud, pursuant to CPL 330.30 (1), to vacate the jury’s verdict of guilty on the grand larceny charge, upon the ground that the court’s response to a question of the deliberating jury *269was erroneous and would require a reversal of the conviction as a matter of law by an appellate court.

The People adduced proof at…