People v. Hart

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The Appellate Division properly determined that, viewed in the light most favorable to the People, the evidence at the first trial was legally insufficient to prove beyond a reasonable doubt that defendant made a false material statement about a past or presently existing fact and, thus, defendant could not be convicted of grand larceny by false pretenses (see Penal Law § 155.05 [2] [a]; see generally People v Norman, 85 NY2d 609, 619 [1995]).

The People do not challenge the Appellate Division’s ability to…