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PEOPLE v. CHURCHILL

47 N.Y.2d 151 (1979)

The People of the State of New York, Respondent, v. David T. Churchill, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Arlington R. Gleckner for appellant.

D. Bruce Crew, III, District Attorney, for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Chief Judge COOKE.

Chief Judge COOKE.

Of all the forms of behavior which may subject a person to penal sanctions, one of the more difficult to prove beyond a reasonable doubt is that of larceny by false promise (Penal Law, § 155.05, subd 2, par [d]). In any prosecution grounded upon an alleged violation of this provision of the Penal Law, only rarely is there any direct evidence...

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