Opinion
November 15, 1991
Appeal from the Orleans County Court, Miles, J.
Present — Doerr, J.P., Denman, Boomer, Green and Davis, JJ.
Judgment unanimously reversed on the law and indictment dismissed. Memorandum: Defendant was convicted of stealing a 1968 Mercedes Benz by writing a check to its owner when he knew that his bank account lacked sufficient funds to cover the check. The People failed to present evidence establishing that defendant wrote the check knowing that his account lacked sufficient funds to cover the check (see, Penal Law § 190.05; see also, People v. Di Rose, 138 A.D.2d 854, lv denied 72 N.Y.2d 858; People v. Iwaszkiewicz, 120 A.D.2d 746, lv denied 68 N.Y.2d 813). Accordingly, defendant's conviction is reversed, and the indictment is dismissed.
In view of our determination, we do not address defendant's remaining arguments.