Judgment unanimously affirmed.
Memorandum:
We reject the contention that there is insufficient evidence to support defendant's conviction of grand larceny in the third degree by false promise (Penal Law § 155.35). In addition to evidence of nonperformance, there was "evidence establishing that the facts and circumstances of the case are * * * wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except...
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