PEOPLE v. TERMOTTO


155 A.D.2d 965 (1989)

The People of the State of New York, Respondent, v. Thomas Termotto, Appellant

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

November 15, 1989


Judgment unanimously reversed on the law and indictment dismissed.

Memorandum:

The indictment charged defendant with larceny in the second degree by stealing more than $1,500 from Elizabeth Siver. The bill of particulars alleged that defendant committed the larceny by false pretenses. The court, however, instructed the jury on the elements of a larceny by trespassory taking and on several occasions refused the prosecutor's request for specific instructions...

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