People v. Kapitofsky

The defendant is charged with violating section 1292-a of the Penal Law as a misdemeanor, in that his check of $183, dated May 7, 1932, given in payment of an antecedent *544debt, was returned because of insufficiency of funds. Considerable testimony was adduced by both sides bearing on the issue as to whether the check was actually delivered on May seventh or was delivered a week earlier, thereby making this a postdated check. Were this the sole question in the case I would hold the defendant for trial in the Court of Special Sessions, since it cannot be said that the testimony in behalf of the…