PEOPLE v. CIAURI


266 A.D.2d 164 (1999)

699 N.Y.S.2d 341

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY CIAURI, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BESSER, Also Known as JAMES ZERILLI, Appellant.

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

Decided November 30, 1999.


The verdict was based on legally sufficient evidence. The value of the dishonored checks in question was properly established through the testimony of the victim. The totality of the evidence established defendant Besser's intent, at the relevant time, to deprive the owner of the funds at issue within the meaning of Penal Law § 155.00 (3) (a), and that this conduct was in furtherance of the criminal enterprise. Contrary to defendant Ciauri's contention, he was properly...

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