People v. Stuart

Judgment, Supreme Court, New York County (Robert H. Straus, J.), rendered October 8, 2004, convicting defendant, after a jury trial, of grand larceny in the second degree and practicing or appearing as an attorney-at-law without being admitted and registered (Judiciary Law § 478), and sentencing *548him to an aggregate term of 2 to 6 years, with restitution in the amount of $87,000, unanimously affirmed.

The court properly declined to instruct the jury on the theory of larceny by false promise and its special “moral certainty” standard of proof (Penal Law § 155.05 [2] [d]). The evidence primarily…