Legal Opinion

People v. Majorana

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1913PublishedCited by 5 opinions

Appeal by the defendant, Salvatore Major ana, from a judgment of the County Court of Queens county, rendered on the 6th day of November, 1911, convicting him of the crime of grand larceny in the second degree.

1Opinion of the Court

Thomas, J.:

The defendant was convicted upon two counts in an indictment, one charging larceny of sixty dollars, and one alleging that the money was obtained by false representations. The complainant, wishing relief from service in the Italian army, relied upon defendant’s statement that he could and would obtain it, and for his proposed service paid him the money. There was no larceny, as the complainant intended to vest the title in the defendant and did so. There was no false representation, as the defendant assumed to state no fact, present or past. (People v. Miller, 169 N. Y. 339.) The…

2Cases cited2 opinions

  1. People v. . MillerNew York Court of Appeals · 1902
  2. People of State of New York v. . BlanchardNew York Court of Appeals · 1882

3Cited by5 opinions

  1. Sutro Bros. & Co. v. Indemnity Insurance Co. of North AmericaDistrict Court, S.D. New York · 1967
  2. People v. Cory, New York County Courts1925
  3. People v. SloaneAppellate Division of the Supreme Court of the State of New York · 1938
  4. People v. BradyNew York Court of Special Session · 1931
  5. Hurwitz v. DryfoosAppellate Terms of the Supreme Court of New York · 1916

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