THE PEOPLE OF THE STATE OF NEW YORK, res, v. LEIGH MORSE, def-ap

11170. THE PEOPLE OF THE STATE OF NEW YORK, res, v. LEIGH MORSE, def-ap — Calhoun & Lawrence, LLP, White Plains (Clinton W. Calhoun, III, of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Amyjane Rettew of counsel), for res ——Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered July 19, 2011, convicting defendant, after a jury trial, of scheme to defraud in the first degree, and sentencing her to a term of four months of intermittent imprisonment to be served on weekends, five years’ probation and restitution in the amount of $1.65 million, unanimously affirmed.

Defendant’s dismissal motion, which merely made reference to unspecified “elements,” failed to preserve her claim that the evidence was legally insufficient to prove her guilt of scheme to defraud in the first degree (see People v. Gray, 86 NY2d 10 [1995]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. Defendant was an employee of an art gallery that embezzled money from owners of artworks consigned to the gallery. The evidence established both that defendant participated in a unitary scheme to defraud the victims, which included closely related acts of nondisclosure and active misrepresentation, and that the gallery’s owner, with whom defendant acted in concert, obtained property as a result of that scheme (see Penal Law § 190.65[2]; People v. First Meridian, 86 NY2d 608 [1995]). We have considered and rejected defendant’s arguments concerning these issues.