PEOPLE v. MANNING


32 A.D.2d 575 (1969)

The People of the State of New York, Respondent, v. Richard T. Manning, Appellant

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

April 21, 1969


AULISI, J.

The sole issue raised by defendant is whether the evidence is sufficient to sustain his conviction. Defendant's retention of the check after its return had been demanded several times, his presentation of that check at the bank two days following the barroom incident, and his insistence that the check be cashed clearly constitute conduct which goes beyond the stage of mere preparation (People v. Collins, 234 N.Y. 355) and fall within...

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