Opinion
2014-10-7
The PEOPLE of the State of New York, Respondent, v. Josie ALMONTE, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Ellen Dille of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Ellen Dille of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered March 24, 2011, as amended on October 18, 2011, convicting defendant, after a jury trial, of grand larceny in the third degree (11 counts), grand larceny in the fourth degree, scheme to defraud in the first degree, and criminal impersonation in the second degree (15 counts), and sentencing her to an aggregate term of 3 1/3 to 10 years, unanimously affirmed.
Defendant's challenge to the court's jury instructions is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find no basis for reversal. The court's charges regarding larceny by false pretense and scheme to defraud, which adhered to the Criminal Jury Instructions, properly conveyed to the jury all of the elements of those crimes. We have considered and rejected defendant's ineffective assistance of counsel claim. SWEENY, J.P., RENWICK, ANDRIAS, MOSKOWITZ, MANZANET–DANIELS, JJ., concur.