People v. . Visconti

Hogan, J.:

Section 2411, Penal Law, entitled “ using false weights and measures,” provides: “ A person who injures or defrauds another by using, with knowledge that the same is false, a false weight, measure, or other apparatus, for determining the quantity of any commodity, or article of merchandise, or by knowingly delivering less than the quantity he represents, is guilty of a misdemeanor.”

Defendant was accused of a violation of the stated section of the Penal Law in that he knowingly delivered to one Jane Pica a quantity of coal which he represented to be four thousand pounds, whereas in…