Opinion
2012-02-7
The PEOPLE, etc., respondent, v. Rebecca THARPE, appellant.
Anthony L. Pendergrass, Buffalo, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Edward D. Saslaw of counsel), for respondent.
Anthony L. Pendergrass, Buffalo, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Edward D. Saslaw of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered November 18, 2009, convicting her of falsifying business records in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the verdict was repugnant because the jury found her guilty of falsifying business records in the first degree while acquitting her of grand larceny in the second degree is unpreserved for appellate review, as she failed to raise this issue before the jury was discharged ( see People v. Alfaro, 66 N.Y.2d 985, 987, 499 N.Y.S.2d 378, 489 N.E.2d 1280; People v. Vazquez, 82 A.D.3d 1273, 1275, 920 N.Y.S.2d 212; People v. Ariza, 77 A.D.3d 844, 845–846, 909 N.Y.S.2d 148). In any event, viewing the elements of the offenses as charged to the jury ( see People v. Tucker, 55 N.Y.2d 1, 7, 447 N.Y.S.2d 132, 431 N.E.2d 617), the acquittal on the count of grand larceny in the second degree did not negate any of the elements of falsifying business records in the first degree ( see People v. Crane, 87 A.D.3d 1386, 1386, 930 N.Y.S.2d 338, lv. denied 17 N.Y.3d 952, 936 N.Y.S.2d 78, 959 N.E.2d 1027).
Upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).
The defendant's remaining contention is without merit.