| People v Cosby |
| 2014 NYSlipOp 07248 [121 AD3d 549] |
| October 23, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Delores Cosby, Appellant. |
Richard M. Greenberg, Office of the Appellate Defender, New York (Anita Aboagye-Agyeman of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent.
Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered May 24, 2012, convicting defendant, after a jury trial, of grand larceny in the second degree, and sentencing her to a term of five years' probation, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence established the elements of larceny by false pretenses, and it failed to support defendant's assertion that she was claiming funds that she honestly believed to be rightfully hers. Concur—Gonzalez, P.J., Mazzarelli, Andrias, DeGrasse and Clark, JJ.