MATTER OF KIMBERLY H.


196 A.D.2d 192 (1994)

In the Matter of Kimberly H., a Person Alleged to be a Juvenile Delinquent, Appellant

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

March 11, 1994


Attorney(s) appearing for the Case

Thomas J. Giglio, Utica, for appellant.

John Balzano, County Attorney of Oneida County, Utica (G. Lawrence Dillon of counsel), for respondent.

PINE, J. P., FALLON, CALLAHAN and DAVIS, JJ., concur.


BOEHM, J.

The issue raised in this appeal is whether an automated teller machine (ATM) card constitutes a debit card or credit card as defined by General Business Law § 511.

I

Respondent Kimberly H., a juvenile, stole the ATM card of her mother and used it to withdraw a total of $600 from her mother's account. Respondent knew her mother's personal identification number, and was thereby...

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