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PEOPLE v. KAGAN

83 A.D.2d 517 (1981)

The People of the State of New York, Respondent, v. Saul Kagan, Appellant The People of the State of New York, Respondent, v. Jean Wolf, Appellant The People of the State of New York, Respondent, v. Torleaf Benestad, Appellant

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

July 16, 1981

The central legal issue on this appeal involves the interpretation of the words "wilfully misapplies" in section 673 of the Banking Law, which makes it a felony for a bank officer or employee to willfully misapply any of the bank's "money, funds or property * * * or * * * its * * * credit." In People v Marcus (261 N.Y. 268, 278), the Court of Appeals declared it to be a violation of the predecessor section "for a director knowingly to use the assets of his corporation...

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