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PEOPLE v. DERRICK NELSON

38 A.D.3d 472 (2007)

833 N.Y.S.2d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE DERRICK NELSON, Appellant.

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

Decided March 29, 2007.

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 refunds in the form of credits against other tax liabilities. The fact that he may have carried out his scheme in a manner that, as he puts it, "invited an audit," does not, under the totality of the evidence, raise...

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