Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Josie Almonte, Appellant
121 A.D.3d 448992 N.Y.S.2d 891·New York Supreme Court, Appellate Division·2014·NY
Concur — Sweeny, J.E, Renwick, Andrias, Moskowitz and Manzanet-Daniels, JJ.
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Opinion
The People of the State of New York, Respondent, v Josie Almonte, Appellant.
[992 NYS2d 891]
[MAJORITY]
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 373 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.
Concur — Sweeny, J.E, Renwick, Andrias, Moskowitz and Manzanet-Daniels, JJ.