People v. Babits

OPINION OF THE COURT

Nicholas L. Pitaro, J.

As the plastic card gradually replaces currency as the medium of exchange in the economy, the banks, and ultimately the consumer, are increasingly bearing the burden of absorbing the costs of credit card fraud. This case arose in the context of an undercover operation set up by various banks, the Queens District Attorney’s office and the New York City Police Department. The purpose of the operation was to determine if store personnel would accept a credit card in payment for goods knowing that the presenter of the card was not the actual cardholder…