People v. Gazivoda
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Defendant was charged in an indictment with grand larceny in the second degree for violating Lien Law § 79-a (1) (b) by misappropriating trust funds. Specifically, defendant, through his business, Construx Development Corporation, accepted approximately $597,000 from two property owners in connection with contracts for the improvement of the owners’ real property. Minimal work was performed on the property and, when the owners demanded that Construx refund their money, it failed to do so.
Defendant subsequently pleaded guilty to the crime charged. During the plea colloquy, defense…
2Cases cited7 opinions
- People v. FordNew York Court of Appeals · 1995
- People v. ConsalvoNew York Court of Appeals · 1996
- People v. TzitzikalakisNew York Court of Appeals · 2007
- People v. SingletaryAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MorelliAppellate Division of the Supreme Court of the State of New York · 2007
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