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PEOPLE v. OMRAMI

155 A.D.2d 369 (1989)

The People of the State of New York, Respondent, v. Shahroukh Omrami, Appellant

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

November 28, 1989

The jury could exclude "to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise [to pay for the diamonds] would not be performed" (Penal Law § 155.05 [2] [d]) from, inter alia, the evidence of defendant's pattern of conduct. Defendant gained the confidence of the merchants he victimized by purchasing and timely paying for relatively small quantities of diamonds. He then...

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