Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with CPL 160.50.
The defendant was convicted, after a jury trial, of grand larceny in the third degree under a theory of larceny by false promise (see Penal Law §§ 155.05[2][d]; 155.35[1]). At trial, the complainant testified that she was unable to send large amounts of...
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