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PEOPLE v. BROWN

20 N.Y.2d 238 (1967)

The People of the State of New York, Respondent, v. Benjamin Brown, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Joseph H. Spain for appellant.

Thomas J. Mackell, District Attorney (Joseph F. Lisa of counsel), for respondent.

Opinion by Judge VAN VOORHIS. All concur, Chief Judge FULD in a separate opinion in which Judges BURKE, SCILEPPI and KEATING concur.

VAN VOORHIS, J.

If a defendant has made use of any false or fraudulent representation or pretense in the course of accomplishing, or in aid of, or in facilitating a theft, evidence thereof may not be received at the trial, unless the indictment or information charges such representation or pretense (Penal Law, § 1290-a). This statute (L. 1950, ch. 149) enacted the principles expressed in the dissenting opinion...

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