People v. Karp

Appellate Division of the Supreme Court of New York

People v. Karp

273 A.D. 779, 75 N.Y.S.2d 169, 1947 N.Y. App. Div. LEXIS 3121

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1947

StatusPublished

Cited by4 cases

This text of 273 A.D. 779 (People v. Karp) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Karp, 273 A.D. 779, 75 N.Y.S.2d 169, 1947 N.Y. App. Div. LEXIS 3121 (N.Y. Ct. App. 1947).

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Opinion

Judgment of the County Court of Queens County convicting defendant of the crimes of grand larceny in the second degree and of petit larceny, unanimously affirmed. The proof is sufficient to warrant a jury in finding that the defendant induced fourteen persons to part with money on the fraudulent promise of defendant that he would publish and distribute a telephone directory in which their advertisements would appear, and that defendant made the false representation with the intention of committing a theft. Irrespective of the promissory nature of the representation, as distinguished from one with respect to an existent fact, it was a larceny. (Penal Law, § 1290; People ex reí. Gellis V. Sheriff, 251 N. Y. 33, 36-37; Adams v. Gillig, 199 N. Y. 314; People v. Sloane, 254 App. Div. 780, affd. 279 N. Y. 724.) Present —■ Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ.

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Judgment of the County Court of Queens County convicting defendant of the crimes of grand larceny in the second degree and of petit larceny, unanimously affirmed. The proof is sufficient to warrant a jury in finding that the defendant induced fourteen persons to part with money on the fraudulent promise of defendant that he would publish and distribute a telephone directory in which their advertisements would appear, and that defendant made the false representation with the intention of committing a theft. Irrespective of the promissory nature of the representation, as distinguished from one with respect to an existent fact, it was a larceny. (Penal Law, § 1290; People ex reí. Gellis V. Sheriff, 251 N. Y. 33, 36-37; Adams v. Gillig, 199 N. Y. 314; People v. Sloane, 254 App. Div. 780, affd. 279 N. Y. 724.) Present —■ Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ.

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Bluebook (online)

273 A.D. 779, 75 N.Y.S.2d 169, 1947 N.Y. App. Div. LEXIS 3121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-karp-nyappdiv-1947.

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