People v. Karp
New York Court of Appeals
I. The criminal offense of obtaining money by false pretenses cannot he predicated false statement of intention to perform a future act, a promise not meant to be fulfilled. Hence, upon the record, defendant’s conviction cannot stand as a conviction for larceny by false pretenses. (People v. Blanchard, .90 N. T. 314; People v. Bothstein, 180 N. Y. 148; Chaplin v. United States, 157 P. 2d 697; People ex rel. Gellis v. Sheriff, 251 N. Y. 33; People v. Sloane, 254 App.
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I. The criminal offense of obtaining money by false pretenses cannot he predicated false statement of intention to perform a future act, a promise not meant to be fulfilled. Hence, upon the record, defendant’s conviction cannot stand as a conviction for larceny by false pretenses. (People v. Blanchard, .90 N. T. 314; People v. Bothstein, 180 N. Y. 148; Chaplin v. United States, 157 P. 2d 697; People ex rel. Gellis v. Sheriff, 251 N. Y. 33; People v. Sloane, 254 App. Div. 780, 279 N. Y. 724.) II. The criminal offense of larceny by trick and device has no application. Section 1290 of the Penal…
1Per curiam
The indictment upon which defendant has been convicted contains thirty counts, fifteen charging theft as bailee and agent, the balance, that sort of theft labeled and prosecuted prior to 1942, as obtaining property by false pretenses. It is with these latter counts that we are concerned.
In this State, before the 1942 amendment of section 1290 of the Penal Law — as at the common law — the crime of obtaining property by false pretenses could not be predicated upon a promise or upon an expression of intention not meant to be fulfilled. (See People v. Blanchard, 90. N. Y. 314, 324; People v.…
2Cases cited1 opinion
- People v. . RothsteinNew York Court of Appeals · 1904
3Cited by26 opinions
- People v. AshleyCalifornia Supreme Court · 1954
- People v. ChurchillNew York Court of Appeals · 1979
- People v. LuongoNew York Court of Appeals · 1979
- People v. YannettNew York Court of Appeals · 1980
- State v. FinchSupreme Court of Kansas · 1978
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