Where the grand larceny count of the indictment did not specify a theory of larceny, and the court instructed the jury as to the theories of larceny by false promise and false pretense, the court properly determined that there was no basis for submission of a special verdict sheet distinguishing between these two theories. A conviction of larceny, whether by false promise or false pretense, constitutes only one offense (Penal Law § 155.45 [1]; People v Ponnapula,...
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