People v. Berardini

Two indictments were filed by the grand jury against each of the above-named defendants charging them with a violation of section 305 of the Penal Law, which reads as follows: “ Any officer, director, trustee, employee or agent of any corporation to which the banking law is applicable, who abstracts or wilfully misapplies any of the money, funds or property of such corporation or wilfully misapplies its credit, is guilty of a felony.”

*313Indictment No. 195,570, in brief, alleges that these defendants, being directors of a moneyed corporation, M. Berardini State Bank, did willfully misapply the…