Judgment unanimously reversed on the law and indictment dismissed.
Memorandum:
We conclude that the evidence presented at trial was insufficient to sustain defendant's conviction of grand larceny in the fourth degree premised upon larceny by false promise (Penal Law § 155.05 [2] [d]). To establish a larceny by false promise, the People must prove to a moral certainty that defendant at the time of the promise had no intention that it would be performed...
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