Opinion
July 14, 1995
Appeal from the Jefferson County Court, Clary, J.
Present — Denman, P.J., Green, Lawton, Callahan and Doerr, JJ.
Upon remittitur from the Court of Appeals, judgment unanimously affirmed. Memorandum: Defendant was convicted of grand larceny in the third degree (Penal Law § 155.35) and criminal possession of stolen property in the third degree (Penal Law § 165.50) based upon evidence that he obtained over $20,000 from a customer for the purchase of a log home kit but later failed to deliver the promised goods. The trial court properly permitted the People to introduce evidence of similar transactions between defendant and other customers. That evidence "was probative on the issue of defendant's intent and showed a common plan or scheme" ( People v Coloney, 98 A.D.2d 969, 970; see, People v. Bayne, 82 N.Y.2d 673, 676; People v. Molineux, 168 N.Y. 264). We reject defendant's contention that the court improperly limited defense counsel's summation ( see, People v. Miller, 168 A.D.2d 642, lv denied 78 N.Y.2d 956; People v. Brown, 136 A.D.2d 1, 16, lv denied 72 N.Y.2d 857, cert denied 488 U.S. 897). The verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495).