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PEOPLE v. McMANUS

138 Misc.2d 546 (1988)

The People of the State of New York, Plaintiff, v. Margaret McManus, Defendant.

Supreme Court, New York County.

January 20, 1988

Attorney(s) appearing for the Case

Roger J. Schwartz for defendant. Robert M. Morgenthau, District Attorney (Alan Buonpastore of counsel), for plaintiff.

JOHN A.K. BRADLEY, J.

This is a motion to dismiss the first count of the indictment, which charges the defendant with grand larceny in the third degree. Specifically, the Grand Jury minutes reveal that after the death of one Eugene Pogeweit, defendant's former husband, defendant used a bank card and the appropriate PIN number to withdraw funds at an ATM from a Chemical Bank account in the name of Eugene Pogeweit in trust for Margaret Pogeweit (Ms. McManus...

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