Opinion
April 11, 1955.
Appeal from County Court, Kings County.
The proof clearly shows that defendant was authorized to use the proceeds of the check for his own purposes for a short time, and his appropriation thereof did not constitute a larceny. ( People v. Scudder, 177 App. Div. 225, affd. 221 N.Y. 670; People v. Noblett, 244 N.Y. 355; People v. Bischoff, 224 App. Div. 291; People v. Reiburn, 253 App. Div. 603.) No separate appeal lies from the sentence which has been reviewed on the appeal from the judgment of conviction. Nolan, P.J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.