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PEOPLE v. HEISLER

92 A.D.2d 940 (1983)

The People of the State of New York, Appellant, v. Solomon Heisler, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 28, 1983

Order dated April 30, 1982, affirmed, insofar as appealed from. Appeal from the order entered May 6, 1982, dismissed as academic.

We agree that the evidence proffered by the People to convict defendant of larceny by false pretense was legally insufficient and failed to prove guilt beyond a reasonable doubt. Evidence that defendant made a false representation of a past or existing fact is an element of larceny by false pretense (Penal Law, § 155.05; People...

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