People v. Reilly

The defendant had a false name plac'ed on a payroll of the city of Buffalo. Each week he drew pay under this false name and never did any work for the city. He has been *110convicted of a violation of the provisions of section 1864 of the Penal Law.

The question to be determined in this case is whether the defendant, not being a public officer at the time of the commission of the acts alleged, may be convicted under such section.

Section 1864 provides that “ a person who, being or acting as a public officer, or otherwise ” wrongfully obtains public money, or aids or abets another in wrongfully…