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PEOPLE v. ZINKE

147 A.D.2d 106 (1989)

The People of the State of New York, Respondent, v. Philip Walker Zinke, Appellant

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

May 30, 1989

Attorney(s) appearing for the Case

Barry D. Leiwant of counsel (Laura Miranda with him on the brief; Philip L. Weinstein, attorney), for appellant.

Lisa Feiner of counsel (Mark Dwyer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., ROSS and SMITH, JJ., concur.

SULLIVAN, J.

This appeal presents the issue of whether a general partner with virtually unfettered management control and investment discretion may be held criminally accountable for misappropriating a limited partnership's funds.

In April 1981, defendant, an investment adviser for small pension and profit-sharing funds, formed a limited partnership, SIN (Stonehenge Investment Notes) 1, Ltd., in which...

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