People v. Ferry

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: On appeal from a judgment convicting him of seven counts of grand larceny in the third degree and one count of petit larceny, defendant contends that the evidence was legally insufficient to establish that he committed larceny by false promise. We agree. To support a conviction for larceny by false promise, the evidence must establish facts which are "wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that…