Defendant's conviction was based upon larceny by false promise under section 155.05 (subd 2, par [d]) of the Penal Law. Defendant was found guilty and was sentenced to an indeterminate term of imprisonment not to exceed five years. The issue presented here is whether the prosecution has met its burden of proving the elements of the crime and, more especially, the requirement of the specifically defined intent as limited and mandated by section 155.05 (subd 2, par [d]) of...
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