PEOPLE v. FAGAN


12 A.D.3d 1080 (2004)

784 N.Y.S.2d 774

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY FAGAN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him following a jury trial of grand larceny in the third degree (Penal Law § 155.35). Contrary to the contention of defendant, there was legally sufficient evidence to convict him for retaining mistakenly delivered funds without taking reasonable measures to return them (see § 155...

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