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PEOPLE v. NORMAN

85 N.Y.2d 609 (1995)

650 N.E.2d 1303

627 N.Y.S.2d 302

The People of the State of New York, Appellant, v. Robert L. Norman, Respondent. The People of the State of New York, Respondent, v. John King, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 1995.

Attorney(s) appearing for the Case

James T. King, District Attorney of Jefferson County, Watertown (Dennis A. Germain and Jane G. LaRock of counsel), for appellant in the first above-entitled action.

John A. Cirando, Syracuse, and Ivette Iza Zenner for respondent in the first above-entitled action.

Perini & Hoerger, Hauppauge (Maureen S. Hoerger of counsel), for appellant in the second above-entitled action.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Glenn Green of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges SIMONS, SMITH, LEVINE and CIPARICK concur with Judge TITONE; Judge BELLACOSA dissents and votes to reverse in a separate opinion.

TITONE, J.

In each of these cases, the defendants were convicted of larceny after selling goods to customers, taking the customers' money and then failing to deliver the promised goods. Their appeals from the judgments of conviction require us to revisit the specialized requirements for the crimes that were known as larceny by false promise and larceny by false pretenses before the adoption of the Penal Law....

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