People v. Palmer

OPINION OF THE COURT

Mahoney, P. J.

The sole issue presented on this appeal is whether the conduct alleged in the indictment constitutes the crime of scheme to defraud in the first degree (Penal Law § 190.65), to which defendant pleaded guilty, or, since such conduct consisted of defendant uttering a series of 10 bad checks, she should have been more appropriately indicted for either the crime of petit larceny (Penal Law § 155.25) or issuing a bad check (Penal Law § 190.05).

Defendant contends that Penal Law § 190.65 (scheme to defraud in the first degree) does not apply to situations in which…