The court properly declined to instruct the jury on the theory of larceny by false promise and its special "moral certainty" standard of proof (Penal Law § 155.05 [2] [d]). The evidence primarily supported a theory of larceny by false pretenses (Penal Law § 155.05 [2] [a]), particularly with regard to defendant's misrepresentations as to his qualification to render legal services. Even though the evidence may have also supported the theory of larceny by false promise...
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