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PEOPLE v. KAGAN

56 N.Y.2d 193 (1982)

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

Court of Appeals of the State of New York.

Decided May 18, 1982.

Attorney(s) appearing for the Case

Peter H. Morrison, Kevin T. Rover and Gerald G. Paul for Saul Kagan, appellant.

Herald Price Fahringer, Paul J. Cambria, Jr., and Barbara Davies Eberl for Jean Wolf, appellant.

Andrew J. Maloney for Torleaf Benestad, appellant.

Robert M. Morgenthau, District Attorney (Vivian Berger, Robert M. Pitler and Jerrold L. Neugarten of counsel), for respondent.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur with Chief Judge COOKE; Judge JASEN dissents and votes to affirm for reasons stated in the memorandum of the Appellate Division ().

Chief Judge COOKE.

A bank officer or employee who, without more, extends to an individual credit in amounts exceeding civil limits is not guilty of feloniously misapplying bank funds. "Wilful misapplication", as that term is used in section 673 of the Banking Law, requires that the offender have a personal pecuniary interest in the transactions before criminal liability will attach.

Subdivision 1 of section...

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