PEOPLE v. SCOTT


60 A.D.3d 1396 (2009)

876 N.Y.S.2d 271

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREG A. SCOTT, Appellant.

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

Decided March 20, 2009.


It is hereby ordered that the judgment so appealed from is unanimously affirmed, and the matter is remitted to Erie County Court for proceedings pursuant to CPL 460.50 (5).

Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of three counts of grand larceny in the third degree (Penal Law § 155.35). Defendant failed to move for a trial order of dismissal and thus failed to preserve...

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