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PEOPLE v. CHESLER

50 N.Y.2d 203 (1980)

The People of the State of New York, Appellant, v. Lawrence D. Chesler, Respondent. (Appeal No. 1.) The People of the State of New York, Appellant, v. Lawrence D. Chesler, Respondent. (Appeal No. 2.)

Court of Appeals of the State of New York.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Ralph W. Smith, Jr., Acting Deputy Attorney-General, Statewide Organized Crime Task Force (John P. Mansour of counsel), for appellant.

Herald Price Fahringer and Barbara Davies Eberl for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.

JONES, J.

On a charge of larceny in violation of section 79-a of the Lien Law, a defense of actual repayment to creditors based on subdivision 2 of that section is an ordinary defense and not an affirmative defense. To the extent that the application of section 155.15 of the Penal Law would classify as an "affirmative defense" the related "good faith" defense based on the contention that, even if the payments...

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