111 N.E. 465 | NY | 1916
Lead Opinion
The demurrers were interposed to the first count of the indictment. This count charges grand larceny in its first degree. It charges the form of larceny known as false pretenses. It alleges that the false pretenses were made in the county of New York, state of New York, and that by reason thereof the complaining witness delivered money or property to the defendants in the city of Philadelphia, in the state of Pennsylvania. It is not necessary to set forth in detail these allegations, as the demurrers raise only the question whether the fact that the false pretenses were made in New York, and the money or property obtained in another state, renders this count of the indictment insufficient in law. This question must be determined under the statutes of this state. Section 1930 of the Penal Law of the state provides, in part, as follows: "The following persons are liable to punishment within the state: (1) a person who commits within the state any crime, in whole or in part." The wordcrime as used in this statute should be construed solely with reference to the Penal Law of the state of New York. In People
v. Arnstein (
We are all agreed that the judgment in the present case should be reversed. The reversal could be sustained upon either of two grounds, viz., first, that the acts alleged constitute a crime under the law of this state, or, second, that the acts alleged considered in connection with the law of the state where the crime was consummated, constitute a crime. The ground upon which our decision is placed will necessarily have an important bearing upon other cases, and it is in the interest of a proper administration of the criminal law of this state that the rule in cases of this character should be settled. The decision in theArnstein Case (supra) did not determine the question. We are now called upon to determine upon which of these grounds *84 our decision should rest, and I think that we should place our judgment in this case on the ground that the acts alleged constitute a crime under the law of this state without regard to the law prevailing in the state where the crime was consummated.
The judgment and order appealed from should be reversed and the demurrers disallowed.
Concurrence Opinion
The indictment in this case alleges that the defendants, with intent to defraud one F. Conger Smith, made certain false and fraudulent representations to him at the borough of Manhattan, in the city of New York, and afterwards at the city of Philadelphia, Pennsylvania, obtained from Smith the sum of $750 as the result of such false representations; and the indictment also alleges that the laws of Pennsylvania, in force at the time, provided that a person who shall defraud another, and obtain his property by any false pretense, shall be guilty of a misdemeanor and punishable on conviction by a fine of not more than $500 and by imprisonment for not more than three years. The indictment was, therefore, good under the decision of this court in People v.Arnstein (
WILLARD BARTLETT, Ch. J., HISCOCK, CHASE and CARDOZO, JJ., concur with SEABURY, J., and CUDDEBACK, J., concurs in result in separate opinion; HOGAN, J., not voting.
Judgment reversed and demurrers disallowed. *85