People v. Cambria

Appellate Division of the Supreme Court of New York

People v. Cambria

204 A.D.2d 167, 612 N.Y.S.2d 22, 1994 N.Y. App. Div. LEXIS 5357

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 17, 1994

StatusPublished

Cited by2 cases

This text of 204 A.D.2d 167 (People v. Cambria) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cambria, 204 A.D.2d 167, 612 N.Y.S.2d 22, 1994 N.Y. App. Div. LEXIS 5357 (N.Y. Ct. App. 1994).

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Opinion

—Judgments, Supreme Court, New York County (Howard Bell, J.), rendered June 19, 1992, after a consolidated non-jury trial, convicting defendant Frank Cambria, Jr., of grand larceny in the third degree, 21 counts of falsifying business records in the first degree, and 5 counts of falsifying business records in the second degree, and sentencing him to 90 days incarceration, 5 years probation and payment of a fine, and convicting Frank Cambria, Sr., of petty larceny and 3 counts of falsifying business records in the second degree, and sentencing him to payment of a fine, and the order of said court and Justice entered September 16, 1992, denying the motion of Frank Cambria, Sr. to vacate his judgment of conviction pursuant to CPL 440.10, unanimously affirmed.

Giving due deference to the fact finder’s factual conclusions and findings as to credibility (People v Mosley, 112 AD2d 812, 814, affd 67 NY2d 985), we conclude that the evidence was [168]*168legally 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 NY2d 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.

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—Judgments, Supreme Court, New York County (Howard Bell, J.), rendered June 19, 1992, after a consolidated non-jury trial, convicting defendant Frank Cambria, Jr., of grand larceny in the third degree, 21 counts of falsifying business records in the first degree, and 5 counts of falsifying business records in the second degree, and sentencing him to 90 days incarceration, 5 years probation and payment of a fine, and convicting Frank Cambria, Sr., of petty larceny and 3 counts of falsifying business records in the second degree, and sentencing him to payment of a fine, and the order of said court and Justice entered September 16, 1992, denying the motion of Frank Cambria, Sr. to vacate his judgment of conviction pursuant to CPL 440.10, unanimously affirmed.

Giving due deference to the fact finder’s factual conclusions and findings as to credibility (People v Mosley, 112 AD2d 812, 814, affd 67 NY2d 985), we conclude that the evidence was [168]*168legally 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 NY2d 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.

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Bluebook (online)

204 A.D.2d 167, 612 N.Y.S.2d 22, 1994 N.Y. App. Div. LEXIS 5357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cambria-nyappdiv-1994.

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