46 A.D.2d 773 | N.Y. App. Div. | 1974
Appeal by defendants from two judgments of the County Court, Westchester County (one as to each defendant), both rendered December 8, 1972, convicting them of attempted grand larceny in the Second degree, falsifying business records in the first degree and offering a false statement for filing in the first degree, upon a jury verdict, and imposing sentences. Judgments modified, on the law, by reversing the convictions of falsifying business records in the first degree and the sentences thereon and dismissing the count of the indictment upon which those convictions were based. As so modified, judgments affirmed. The gravamen of the charges against defendants, who had moved a company whose property had been condemned by the State of New York, is that they submitted false • and padded vouchers for payment. The proof established that it was the policy of the Department of Transportation of the State to reimburse for such moves in the amount of the actual cost of the move, to a maximum amount of the lowest submitted bid. The jury found that defend