Legal Opinion
People v. Ruscito
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1994PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: We reject the contention that there is insufficient evidence to support defendant’s conviction of grand larceny in the third degree by false promise (Penal Law § 155.35). In addition to evidence of nonperformance, there was "evidence establishing that the facts and circumstances of the case are * * * wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant’s intention or belief that the promise would not be performed” (Penal Law § 155.05 [2] [d]; see, People v Churchill, 47…
2Cases cited10 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. RiveraNew York Court of Appeals · 1988
- People v. HarrisNew York Court of Appeals · 1983
- People v. SchwartzmanNew York Court of Appeals · 1969
- In re the Estate of BrandonNew York Court of Appeals · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. FarmerAppellate Division of the Supreme Court of the State of New York · 2016
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BarryAppellate Division of the Supreme Court of the State of New York · 2006
- FARMER, DOUGLAS, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
- People v. FarmerAppellate Division of the Supreme Court of the State of New York · 2016