Legal Opinion
People v. Rogers
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1993PublishedCited by 3 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law and indictment dismissed. Memorandum: We conclude that the evidence presented at trial was insufficient to sustain defendant’s conviction of grand larceny in the fourth degree premised upon larceny by false promise (Penal Law § 155.05 [2] [d]). To establish a larceny by false promise, the People must prove to a moral certainty that defendant at the time of the promise had no intention that it would be performed (see, Penal Law § 155.05 [2] [d]; People v Churchill, 47 NY2d 151, 158; People v Ferry, 142 AD2d 994, lv denied 73 NY2d 891). That intention…
2Cases cited7 opinions
- People v. ChurchillNew York Court of Appeals · 1979
- People v. FerryAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ColoneyAppellate Division of the Supreme Court of the State of New York · 1983
- People v. CampobelloAppellate Division of the Supreme Court of the State of New York · 1989
- People v. FennerAppellate Division of the Supreme Court of the State of New York · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. KowallisAppellate Division of the Supreme Court of the State of New York · 2003
- Rogers v. StateNew York Court of Claims · 1999
- People v. HennessyAppellate Division of the Supreme Court of the State of New York · 1997