People v. Von Cseh
| Decision Date | 08 July 1960 |
| Citation | 169 N.E.2d 423,205 N.Y.S.2d 329,8 N.Y.2d 993 |
| Parties | , 169 N.E.2d 423 PEOPLE, etc., Respondent-Appellant, v. Louis VON CSEH, Appellant-Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 9 A.D.2d 660, 191 N.Y.S.2d 699.
Defendant was convicted of 25 crimes of grand larceny in the first degree under Section 1294 of the Penal Law, Consol.Laws, c. 40, and of four crimes of forgery in the second degree under Section 887 of the Penal Law. The Court of General Sessions, New York County, Irwin Davidson, J., rendered judgment, and the defendant appealed.
The Supreme Court, Special Term, Matthew M. Levy, J., granted the defendant a certificate of reasonable doubt, pending appeal (9 Misc.2d 718, 170 N.Y.S.2d 699).
The Appellate Division modified the judgment of conviction by reversing the larceny counts and dismissed the larceny counts, and affirmed the judgment as modified, and held that larceny convictions could not stand because defendant made use of alleged false representations in course of accomplishing, or in aid of, or in facilitating the theft within meaning of Section 1290-a of the Penal Law, and that even if false pretenses were used in connection with a scheme, which aborted prior to commission of the larcenies alleged, the only material deviation from such scheme was defendant's unilateral ouster of his colleagues, and that thus the false representations constituted an integral part of the embezzlement eventually committed and were adopted by defendant in order to accomplish the crime charged, and that since larceny counts contained no allegations of any false representations, proof of them was inadmissible to sustain the larceny counts, and that evidence sustained convictions under the forgery counts.
Both the People of the State of New York and the defendant appealed to the Court of Appeals, and motion was made in the Court of Appeals for enlargement of time.
The Court of Appeals, 8 N.Y.2d 749, 201 N.Y.S.2d 764, granted motion for enlargement of time and set the case down for argument during the May, 1960 session of the Court of Appeals.
The Court of Appeals, 8 N.Y.2d 806, 202 N.Y.S.2d 22, denied motion for further enlargement of time and set the case down for argument during the week of June 6, 1960.
The People of the State of New York contended in the Court of Appeals that the defendant's convictions of grand larceny were fully supported by competent and legally admissible evidence,...
To continue reading
Request your trial
-
People v. Schnebley
...967, affd. 13 N.Y.2d 1070, 246 N.Y.S.2d 216, 195 N.E.2d 894; People v. Von Cseh, 9 A.D.2d 660, 191 N.Y.S.2d 699, affd. 8 N.Y.2d 993, 205 N.Y.S.2d 329, 169 N.E.2d 423, mot. to amend remittitur granted 8 N.Y.2d 1058, 207 N.Y.S.2d 273, 170 N.E.2d 408, cert. den. 365 U.S. 817, 81 S.Ct. 699, 5 L......
-
United States v. Fay
...those counts, 9 App.Div.2d 660, 191 N.Y.S.2d 699 (October 20, 1959), and the Court of Appeals affirmed, 8 N.Y.2d 993, 205 N.Y.S.2d 329, 169 N.E.2d 423 (July 8, 1960), Von Cseh began the service of his sentence on August 17, 1960 although his petition for writ of certiorari was not denied un......
-
United States v. Fay
...195 F. Supp. 432. UNITED STATES of America ex rel. Louis VON CSEH, Petitioner,. v. Edward M. FAY, The Warden of Greenhaven Prison, Respondent. United States District Court S. D. New York. June 5, 1961.195 F. Supp. ...People v. Von Cseh, 9 A.D.2d 660, 191 N.Y.S.2d 699. The Court of Appeals affirmed without opinion the order of the Appellate Division, 8 N.Y.2d 993, 205 ......
-
People v. Moore
...conviction on the third count, and, as so modified, affirmed. (People v. Von Cseh, 9 A.D.2d 660, 191 N.Y.S.2d 699, affd. 8 N.Y.2d 993, 205 N.Y.S.2d 329, 169 N.E.2d 423.) Judgment of conviction unanimously modified, on the law, by reversing defendant's conviction on the third count, and, as ......