From Casetext: Smarter Legal Research

People v. Hopkins

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 28, 2006
28 A.D.3d 1244 (N.Y. App. Div. 2006)

Opinion

KA 04-02962.

April 28, 2006.

Appeal from a judgment of the Ontario County Court (James R. Harvey, J.), rendered October 27, 2004. The judgment convicted defendant, upon a jury verdict, of falsifying business records in the first degree and petit larceny.

ALAN P. REED, CANANDAIGUA, FOR DEFENDANT-APPELLANT.

R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JEFFREY L. TAYLOR OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: Pigott, Jr., P.J., Hurlbutt, Scudder, Smith and Pine, JJ.


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 her, upon a jury verdict, of falsifying business records in the first degree (Penal Law § 175.10) and petit larceny (§ 155.25). Contrary to defendant's contention, the conviction of falsifying business records is supported by legally sufficient evidence ( see generally People v. Bleakley, 69 NY2d 490, 495). The People presented evidence establishing that defendant "cause[d] a false entry in the business records of an enterprise" (Penal Law § 175.05), i.e., that she returned merchandise that she had not in fact purchased, and that she thereby "inten[ded] . . . to aid or conceal [her] commission" of the crime of larceny (§ 175.10).


Summaries of

People v. Hopkins

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 28, 2006
28 A.D.3d 1244 (N.Y. App. Div. 2006)
Case details for

People v. Hopkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEBORAH R. HOPKINS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 28, 2006

Citations

28 A.D.3d 1244 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3390
812 N.Y.S.2d 913

Citing Cases

People v. Ramirez

Defendant then used the fraudulently obtained store credit to purchase several other items of merchandise…