PEOPLE v. MARINI

2644/14. 7243. 7242.

165 A.D.3d 445 (2018)

85 N.Y.S.3d 419

2018 NY Slip Op 06630

The People of the State of New York, Respondent, v. Richard Marini, Appellant.

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

Decided October 4, 2018.


Defendant did not preserve his claim that the statutory definition of larceny is unconstitutionally vague as applied to him (see People v Baumann & Sons Buses, Inc., 6 N.Y.3d 404, 408 [2006]), and we decline to review it in the interest of justice. As an alternative holding, we find that the definition of larceny as a "wrongful" taking (Penal Law § 155.05 [1]), which expressly includes "obtaining property by false pretenses...

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