PEOPLE v. ZINKE


76 N.Y.2d 8 (1990)

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

Court of Appeals of the State of New York.

Decided May 3, 1990.


Attorney(s) appearing for the Case

Barry D. Leiwant and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Lisa Feiner and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

The single question before us is whether the general partner in a limited partnership can be found guilty of larceny for misappropriating partnership funds. As a matter of statutory interpretation, we answer that question in the negative, leaving the subject of partnership defalcations to be addressed by any other penal provisions that may be applicable, or by civil litigation, or (if deemed appropriate...

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