New York Court of Appeals
The People of the State of New York v. David T. Churchill
May 1, 197947 N.Y.2d 151
Summary
The New York Court of Appeals reversed the Appellate Division and dismissed the indictment, holding that the People failed to prove beyond a moral certainty that the defendant intended not to perform the contracts at the time he made the promises, a required element for larceny by false promise under §155.05(d). The Court emphasized the high proof standard and warned against criminalizing ordinary contract breaches.