People v. Lawhorn

Appeal from a judgment of the Monroe County Court (Phillip B. Dattilo, Jr., J), rendered September 30, 1998. The judgment convicted defendant, after a jury trial, of insurance fraud in the third degree and grand larceny in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment entered upon a jury verdict convicting her of insurance fraud in the third degree (Penal Law § 176.20) and grand larceny in the third degree (§ 155.35). We reject defendant’s contention that reversal is required based on the inability of appellate counsel to obtain the original trial exhibits. Defendant has copies of those exhibits and does not dispute the accuracy thereof (see People v Yavru-Sakuk, 98 NY2d 56 , 59-60 [2002]). Thus, there is no support for her contention that appellate counsel’s representation has been adversely affected by the failure to obtain the original trial exhibits. Furthermore, we reject defendant’s