Legal Opinion
People v. Campobello
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 1989PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously modified on the law, in accordance with memorandum, and as modified affirmed. Memorandum: From our review of this record, we conclude that the evidence presented at the bench trial was insufficient to convict defendant of grand larceny in the third degree premised upon either a larceny by false promise (Penal Law § 155.05 [2] [d]) or a larceny by issuing a bad check (Penal Law § 155.05 [2] [c]). To ensure that criminal activity is not confused with actions which merely constitute a breach of contract, a larceny by false promise requires a higher standard of proof than…
2Cases cited5 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. GasbaraAppellate Division of the Supreme Court of the State of New York · 1983
- People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. RogersAppellate Division of the Supreme Court of the State of New York · 1993
- People v. TwogunsAppellate Division of the Supreme Court of the State of New York · 1990
- People v. McKieAppellate Division of the Supreme Court of the State of New York · 1995
- Wegmans Food Markets, Inc. v. MacArthur (In re MacArthur)United States Bankruptcy Court, W.D. New York · 2000