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).