PEOPLE v. SWIFT (2000)

Judgment, Supreme Court, New York County (Megan Tallmer, J.), rendered October 25, 1999, convicting defendant, after a jury trial, of attempted grand larceny in the third degree, falsifying business records in the first degree and criminal impersonation in the second degree, and sentencing her to a term of 15 days imprisonment and 5 years probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence.   There is no basis upon which to disturb the jury's determinations concerning credibility.   By applying for a personal bank loan while impersonating one of her clients and providing information she either fabricated or had knowledge of due to the contractual relationship, defendant took steps bringing her “dangerously near” to the completion of the crime (People v. Mahboubian, 74 N.Y.2d 174, 190, 544 N.Y.S.2d 769, 543 N.E.2d 34;  People v. Choi, 259 A.D.2d 423, 687 N.Y.S.2d 137, lv. denied 93 N.Y.2d 1021, 697 N.Y.S.2d 580, 719 N.E.2d 941).   Defendant's larcenous intent could be readily inferred from the evidence (see, People v. Meadows, 199 N.Y. 1, 7, 92 N.E. 128).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would reject them.

MEMORANDUM DECISION.