Judgment unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him of 36 counts of a 37-count indictment, defendant argues that the proof with respect to certain counts was insufficient to establish guilt to a moral certainty. We disagree. That standard applies only with respect to the counts charging him with larceny by false promise (Penal Law § 155.05 [2] [d]). The fact that defendant did not intend to perform the work at the time...
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