Justice Juan Merchan
Defendant Rosario was indicted for identity theft in the first degree, grand larceny in the third degree and grand larceny in the fourth degree. At the conclusion of the prosecution's case at a jury trial, Rosario moved for a trial order of dismissal pursuant to CPL §290.10 as to identity theft in the first degree. Rosario argued that neither the victims nor any third party had suffered financial loss as required by the statute because they were ultimately reimbursed by the banks. The court reserved decision and a jury found Rosario guilty on all counts in the indictment. The court denied in its entirety Rosario's motion to set aside the jury verdict, finding that Rosario clearly caused financial loss to the financial institutions that were forced to reimburse the money and were ultimately financially responsible for the unauthorized charges.
