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Legal Opinion

People v. Block & Kleaver, Inc.

New York County Courts

Decided March 3, 1980PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Donald J. Mark, J.

This prosecution was apparently one of the first1 in the history of this State for the crime of scheme to defraud, first degree, in violation of subdivision 1 of section 190.65 of the Penal Law.

The defendant corporation was also charged with the crime of false advertising in violation of section 190.20 of the Penal Law.

At the conclusion of the nonjury trial,2 decision was reserved.

Although the proof as to both crimes was interwoven, the elements of each are not identical. Section 190.65 was designed to prevent consumer fraud and is akin to larceny by…

2Cases cited16 opinions

  1. Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
  2. United States v. New South Farm & Home Co.Supreme Court of the United States · 1916
  3. People v. GrossAppellate Division of the Supreme Court of the State of New York · 1976
  4. People v. SotoCriminal Court of the City of New York · 1974
  5. People v. GluboNew York Court of Appeals · 1959

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Beth Israel Medical Center v. SmithDistrict Court, S.D. New York · 1983
  2. Goldberg v. Manhattan Ford Lincoln-Mercury, Inc.New York Supreme Court · 1985
  3. People v. KaminskyNew York Supreme Court · 1985
  4. People v. Lennon, New York County Courts1980
  5. People v. Vanguard Meter Service, Inc.New York Supreme Court · 1994

4 more not listed; retrieve them via the Exa API.

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