PEOPLE v. ARGUS (2005)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Kimberlee M. ARGUS, Defendant-Appellant.

Decided: April 29, 2005

PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ.

Ronald C. Valentine, Public Defender, Lyons (John E. Tyo of Counsel), for Defendant-Appellant. Kimberlee M. Argus, Defendant-Appellant Pro Se. Richard M. Healy, District Attorney, Lyons (Melvin Bressler of Counsel), for Plaintiff-Respondent.

Defendant appeals from a judgment convicting her after a jury trial of grand larceny in the third degree (Penal Law § 155.35) and two counts of falsifying business records in the first degree (§ 175.10). Contrary to defendant's contention, the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). The evidence established that defendant worked as a teller at a bank and that she withdrew funds from the victim's account at the bank. The victim testified that he did not withdraw the funds from his account and that he did not authorize another person to withdraw those funds. Contrary to defendant's contention, the jury did not fail to give the evidence the weight it should be accorded (see generally id.).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM:

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