Legal Opinion
People v. Chesler
New York Court of Appeals
Decided May 1, 1980No. Appeal No. 1; Appeal No. 2PublishedCited by 41 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
On a charge of larceny in violation of section 79-a of the Lien Law, a defense of actual repayment to creditors based on subdivision 2 of that section is an ordinary defense and not an affirmative defense. To the extent that the application of section 155.15 of the Penal Law would classify as an "affirmative defense” the related "good faith” defense based on the contention that, even if the payments in question were not actually made to creditors as required by subdivision 2, defendant nonetheless in good faith believed them to be at the time, such application…
2Cases cited7 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. RalloNew York Court of Appeals · 1976
- People v. RalloAppellate Division of the Supreme Court of the State of New York · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- People v. ReidNew York Court of Appeals · 1987
- People v. GreenNew York Court of Appeals · 2005
- People v. ValenzaNew York Court of Appeals · 1983
- People v. ZonaNew York Court of Appeals · 2010
- People v. RicchiutiAppellate Division of the Supreme Court of the State of New York · 1983
36 more not listed; retrieve them via the Exa API.