The court correctly responded to a jury note asking for clarification of the term "financial loss," in the context of the element of financial loss exceeding $2,000 contained in first-degree identity theft under Penal Law § 190.80(2), when it charged as follows: "financial loss is not the ultimate harm suffered by the victim, but is rather the value of what was taken. Loss includes the value of all property taken even though all or part of it was returned." As the court...
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