PEOPLE v. RYAN


41 N.Y.2d 634 (1977)

The People of the State of New York, Respondent, v. Jack F. Ryan, Appellant.

Court of Appeals of the State of New York.

Decided April 7, 1977.


Attorney(s) appearing for the Case

Leslie A. Bradshaw and Laura Jane Poyzer, Rochester, for appellant.

Thomas D. Saunders, District Attorney (Raymond W. Bulson and Alan D. Marrus of counsel), Belmont, for respondent.

Judges JONES, WACHTLER, FUCHSBERG and COOKE concur with Judge GABRIELLI; Judge JASEN dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL concurs.


GABRIELLI, J.

A jury found the defendant, John F. Ryan, guilty of having committed the crime of grand larceny (two counts) by false promise under section 155.05 (subds 1, 2, par [d]) of the Penal Law. He was sentenced to serve two concurrent indeterminate terms with a maximum of four and one-half years. The issue presented is whether the prosecution has met its burden of proving the elements of this crime and...

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