| People v Tharpe |
| 2012 NY Slip Op 00988 [92 AD3d 701] |
| February 7, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rebecca Tharpe, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Edward D. Saslawof counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.),rendered November 18, 2009, convicting her of falsifying business records in the first degree,upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the verdict was repugnant because the jury found her guiltyof falsifying business records in the first degree while acquitting her of grand larceny in thesecond degree is unpreserved for appellate review, as she failed to raise this issue before the jurywas discharged (see People v Alfaro, 66 NY2d 985, 987 [1985]; People v Vazquez, 82 AD3d 1273,1275 [2011]; People v Ariza, 77AD3d 844, 845-846 [2010]). In any event, viewing the elements of the offenses as chargedto the jury (see People v Tucker, 55 NY2d 1, 7 [1981]), the acquittal on the count ofgrand larceny in the second degree did not negate any of the elements of falsifying businessrecords in the first degree (see People vCrane, 87 AD3d 1386, 1386 [2011], lv denied 17 NY3d 952 [2011]).
Upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict ofguilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
The defendant's remaining contention is without merit. Mastro, A.P.J., Angiolillo, Eng andCohen, JJ., concur.