People v. Twoguns

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of 36 counts of a 37-count indictment, defendant argues that the proof with respect to certain counts was insufficient to establish guilt to a moral certainty. We disagree. That standard applies only with respect to the counts charging him with larceny by false promise (Penal Law § 155.05 [2] [d]). The fact that defendant did not intend to perform the work at the time he entered into the contracts was established by proof of his repeated failure to refund money or to complete contracts (see, People v De…