People v. Cohen

Bastow, J. (dissenting).

I am unable to agree with the decision about to be made. It is being held therein that when a person is indicted for larceny by false pretenses “ no conviction may be had for the larceny by false pretenses unless the false pretenses proved have been alleged in the indictment.” There is cited in support of this statement section 1290-a of the Penal Law; People v. Lobel (298 N. Y. 243) and People v. Karp (298 N. Y. 213). Section 1290-a provides in part that if “ the defendant made use of any false or fraudulent representations or pretense in the course of accomplishing,…