Opinion
May 17, 1994
Appeal from the Supreme Court, New York County (Howard Bell, J.).
Giving due deference to the fact finder's factual conclusions and findings as to credibility (People v. Mosley, 112 A.D.2d 812, 814, affd 67 N.Y.2d 985), we conclude that the evidence was legally sufficient and that the verdicts finding defendants guilty of larceny by false pretenses were not against the weight of that evidence. The evidence overwhelmingly established that each defendant intentionally made false statements, which misled the Pepsi-Cola Bottling Company (see, People v. Zimmerman, 81 N.Y.2d 979) into improperly crediting defendants' corporate account for goods which were never delivered, or goods which were improperly sold by defendants rather than provided to their customers for free, as well as improperly crediting the defendants with commissions for goods which were not delivered. The evidence also clearly established that defendants falsified numerous of their records with respect to customers' names, addresses, and goods delivered.
We have considered the remaining contentions. None warrant modification of the judgments of conviction.
Concur — Ellerin, J.P., Kupferman, Ross and Rubin, JJ.