Judgment unanimously affirmed.
Memorandum:
Defendant was indicted on one count of grand larceny in the third degree (Penal Law § 155.35). At trial, the proof disclosed that defendant received $6,000 from a 94-year-old friend and neighbor to enable her to purchase a new automobile. The neighbor testified that defendant requested the $6,000 as a loan. It is undisputed that the neighbor wrote defendant a check for that amount. He testified that the next...
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