People v. Pillich

—Judgment unanimously affirmed. Memorandum: We reject the contention that the single count of the indictment charging defendant with grand larceny in the third degree is duplicitous (see, CPL 200.30 [1]; People v Davis, 72 NY2d 32, 38) because it charges him with both larceny by false pretenses (Penal Law § 155.05 [2] [a]) and larceny by false promise (Penal Law § 155.05 [2] [d]). The People .are not required to allege "the particular theory of larceny” in the indictment (Penal Law § 155.45 [1]; see, People v Farruggia, 41 AD2d 894), and Supreme Court, as trier of the facts, was entitled to…