People v. Cantor
New York County Court, Queens County
1Opinion of the CourtAdel, J.
Demurrer allowed. Section 2051 of the Penal Law cannot be so construed as to make an issue of every instrument filed, otherwise genuine,. but containing statements that may be false, as here, the several values and contract prices mentioned in a notice filed under the provisions of the Lien Law relating to Mechanics’ Lien Law. The indictment says that the defendant had a right to file the notice, but not for the amounts stated therein. The legislative intention was to cover the instrument itself, and not the several statements therein contained. There seem to be no decisions in New York State…
2Cases cited2 opinions
- Goucher v. StateNebraska Supreme Court · 1925
- State v. FordOregon Supreme Court · 1918
3Cited by3 opinions
- People v. Kirk, New York County Courts1969
- People v. GottliebAppellate Division of the Supreme Court of the State of New York · 1974
- People v. Gould, New York County Courts1964