State v. Fink, ___ N.C. App. ___, 798 S.E.2d 537 (Mar. 21, 2017)

There was sufficient evidence to convict the defendant of larceny by employee. The victim brought her vehicle in for repairs at an auto shop. The defendant, who was the shop manager, provided an estimate for the work, which the victim accepted. When she was told her vehicle was ready, the victim paid the defendant in cash and took her vehicle, later learning that the work had not been done. The defendant deposited a portion of the cash paid by the victim to the shop’s account and kept the remaining amount. As soon as the victim tendered payment to the defendant as the shop’s manager and agent, the funds became the property of the shop for purposes of larceny by employee.