People v. Ercole

Judgment of the County Court, Kings County, convicting defendant of the crime of grand larceny, first degree, reversed on the law and indictment dismissed. The findings of fact are affirmed. The indictment herein for larceny originally contained four counts, none of which charged the commission of the crime of grand larceny by fraud or pretense. During the examination of the first prosecution witness the People sought to elicit testimony tending to prove the commission of larceny by fraud and pretense. Upon objection by defense counsel that under section 1290-a of the Penal Law, this proof…