THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ANDREW DAYMON DEFENDANT APPELLANT (2017)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANDREW L. DAYMON, DEFENDANT–APPELLANT.

KA 13–01186

Decided: December 22, 2017

PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, three counts of falsifying business records in the first degree (Penal Law § 175.10), and one count of insurance fraud in the fifth degree (§ 176.10). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 NY3d 342, 349 [2007] ), we reject defendant's contention that the verdict is against the weight of the evidence with respect to the element of intent to defraud (see generally People v. Bleakley, 69 N.Y.2d 490, 495 [1987] ). Defendant's remaining contentions are without merit.

Mark W. Bennett

Clerk of the Court

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