People v. Campobello

Motion for reargument granted and on reargument, memorandum decision amended to read as follows: Memorandum: From our review of this record, we conclude that the evidence presented at the bench trial was insufficient to convict defendant of grand larceny in the third degree premised upon either a larceny by false *1034promise (Penal Law § 155.05 [2] [d]) or a larceny by issuing a bad check (Penal Law § 155.05 [2] [c]).

The proof established that a fellow employee loaned defendant $5,000 to enable defendant to purchase an automobile from an individual having financial difficulties and resell it for…