People v. D'Anna

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The evidence supports defendant’s convictions of larceny by false promise. The facts and circumstances proven were wholly consistent with guilty intent or belief and they excluded to a moral certainty every hypothesis except that of defendant’s intention or belief that his promises would not be performed (see, Penal Law § 155.05 [2] [d]). The facts proven show more than nonperformance of promises; they show that, at the time defendant made the promises, he could not have believed…