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PEOPLE v. FOX

188 Misc.2d 378 (2001)

728 N.Y.S.2d 634

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHARLES E. FOX and DENISE R. JOHNSON-FOX, Defendants.

County Court, Dutchess County.

April 2, 2001.

Attorney(s) appearing for the Case

Sall, Caltagirone & Coleman, Poughkeepsie (Christopher S. Coleman of counsel), for Denise R. Johnson-Fox, defendant.

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (William J. O'Neill of counsel), for plaintiff.

David Goodman, Public Defender of Dutchess County, Poughkeepsie (Thomas N. N. Angell of counsel), for Charles E. Fox, defendant.

OPINION OF THE COURT

GERALD V. HAYES, J.

The defendants have been charged in a one-count indictment with grand larceny in the third degree, a class D felony, in violation of section 155.35 of the Penal Law. It is alleged that, acting in concert, between March 1, 1998 and July 30, 1999 pursuant to a common plan and scheme, they stole over $3,000 from the City of Beacon Housing Authority.

Essentially, the...

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