People v. Dibble

The crime of larceny by false pretenses, one of four forms of larceny found at common law, is defined in Penal Law § 155.05 (2) (a). Such a larceny occurs where the defendant obtains title or possession of money or personal property from the victim by means of a false representation concerning a material matter of fact upon which the victim relied in parting with the property or delivering possession (see, People v Drake, 61 NY2d 359, 362; People v Churchill, 47 NY2d 151; People v Miller, 169 NY 339, 351). The false representation "must relate to a past or present fact, not a statement of…