People v. Kirk

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THERESA KIRK, Appellant

Court: Court of Appeals of the State of New York

Date published: Jul 8, 1986

497 N.E.2d 700 (N.Y. 1986)

497 N.E.2d 700

506 N.Y.S.2d 333

Opinion

Decided July 8, 1986

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Harvey W. Sherman, J.

John F. Middlemiss, Jr., and George Grun for appellant.

Patrick Henry, District Attorney (Michael J. Miller of counsel), for respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for reasons stated in the memorandum of the Appellate Division ( 115 A.D.2d 758). Unlike People v Briggins ( 50 N.Y.2d 302), there was here a fraudulent intent.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.