| People v Sabouni |
| 2009 NY Slip Op 02677 [61 AD3d 447] |
| April 7, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Diana Sabouni, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), forrespondent.
Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered October12, 2006, convicting defendant, after a nonjury trial, of grand larceny in the second degree andidentity theft in the first degree, and sentencing her to an aggregate term of six months, with fiveyears' probation and restitution in the sum of $40,000, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of theevidence (see People v Danielson, 9NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's determinationsconcerning credibility. There was a chain of circumstantial evidence supporting the conclusionthat defendant used a check routing number and bank account number of her former union tosteal money from the union and use that money to pay her bills, and undermining the defensetheory that defendant's teenaged son was solely responsible. Among other things, there wasevidence of a pattern of conduct by defendant with no rational explanation except that she was aparticipant in the scheme.
We perceive no basis to disturb the amount of restitution ordered by the court.
We have considered and rejected defendant's remaining claim. Concur—Mazzarelli,J.P., Nardelli, Buckley, Acosta and DeGrasse, JJ.