PEOPLE v. FITZGERALD


26 A.D.2d 712 (1966)

The People of the State of New York, Respondent, v. Alton Fitzgerald, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 1, 1966


AULISI, J.

The indictment, involving 13 checks, charged defendant in 13 counts with issuing fraudulent checks and with grand larceny in 10 counts. Eight of these were dismissed during trial. No evidence was presented by the prosecution in two. The jury returned a verdict of not guilty in five counts and convicted in eight. Section 1292-a of the Penal Law renders guilty of a misdemeanor: "Any person who, with intent to defraud, shall make or draw or utter...

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