People v. McManus

OPINION OF THE COURT

John A.K. Bradley, J.

This is a motion to dismiss the first count of the indictment, which charges the defendant with grand larceny in the third degree. Specifically, the Grand Jury minutes reveal that after the death of one Eugene Pogeweit, defendant’s former husband, defendant used a bank card and the appropriate PIN number to withdraw funds at an ATM from a Chemical Bank account in the name of Eugene Pogeweit in trust for Margaret Pogeweit (Ms. McManus).

*547The People allege that the account in question (commonly referred to as a Totten trust) belonged to the deceased during…