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People v. Cambria

Appellate Division of the Supreme Court of New York, First Department
May 17, 1994
204 A.D.2d 167 (N.Y. App. Div. 1994)

Opinion

May 17, 1994

Appeal from the Supreme Court, New York County (Howard Bell, J.).


Giving due deference to the fact finder's factual conclusions and findings as to credibility (People v. Mosley, 112 A.D.2d 812, 814, affd 67 N.Y.2d 985), we conclude that the evidence was legally 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 N.Y.2d 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.


Summaries of

People v. Cambria

Appellate Division of the Supreme Court of New York, First Department
May 17, 1994
204 A.D.2d 167 (N.Y. App. Div. 1994)
Case details for

People v. Cambria

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK CAMBRIA, JR.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 17, 1994

Citations

204 A.D.2d 167 (N.Y. App. Div. 1994)
612 N.Y.S.2d 22

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