People v. Berman

A person does not commit the offense defined in section 2411 of the Penal Law unless he “ injures or defrauds ” another by one of the corrupt acts specified in the statute. A person does not “ injure or defraud ” another by delivery of less of a commodity than he represents unless that other suffers a detriment; but the detriment may be suffered through acceptance of the commodity with a promise, express or implied, to pay for such commodity as well as by immediate payment on delivery. (People v. Visconti, 234 N. Y. 165.)

The defendant in this case has not been charged with a violation of…