People v. Termotto
Cases that cite this one
36 later published cases cite this decision. The 25 that cite it most often are listed here.
- Brown v. Gouverneur Correctional Facility (District Court, W.D. New York 2006)
- Matter of Luis P. (Appellate Division of the Supreme Court of New York 2018)
- People v. Thomas (Appellate Division of the Supreme Court of New York 2018)
- People v. Wright (Appellate Division of the Supreme Court of New York 2016)
- People v. Casiano (Appellate Division of the Supreme Court of New York 2007)
- People v. Crooks (Appellate Division of the Supreme Court of New York 2007)
- People v. Miranda (New York Supreme Court 2005)
- People v. Rodriguez (Appellate Division of the Supreme Court of New York 2004)
- People v. Lewis (Appellate Division of the Supreme Court of New York 2004)
- Drago v. Tishman Construction Co. (New York Supreme Court 2004)
- Drago v. Tishman Constr. Corp. of N. Y. (New York Supreme Court, New York County 2004)
- People v. DiCarlo (Appellate Division of the Supreme Court of New York 2002)
- People v. Garcia (Appellate Division of the Supreme Court of New York 2002)
- People v. Lucarelli (New York Supreme Court 2002)
- People v. Napolitano (Appellate Division of the Supreme Court of New York 2001)
- Jones v. Stinson (District Court, E.D. New York 2000)
- People v. Smalls (Appellate Division of the Supreme Court of New York 2000)
- People v. Almonor (N.Y. 1999)
- People v. Young (Appellate Division of the Supreme Court of New York 1999)
- People v. Bradshaw (Appellate Division of the Supreme Court of New York 1999)
- People v. Morla (New York Supreme Court 1999)
- People v. Diplan (Criminal Court of the City of New York 1999)
- People v. Llano (Appellate Division of the Supreme Court of New York 1998)
- People v. Black (Appellate Division of the Supreme Court of New York 1998)
- In re Haas (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The defendant was convicted of larceny by false pretenses for his conduct associated with 11 loans at six different banks. A conviction for larceny by false pretenses must be based on evidence that a defendant "obtained title or possession of money or personal property of another by means of an intentional false statement concerning a material fact upon which the victim relied in parting with the property” (People v Drake, 61 NY2d 359, 362, citing Penal Law § 155.05 [2] [a]; People v Churchill, 47 NY2d 151).
Citing Oliner v Mid-Town Promoters (2 NY2d 63, 64) and Seneca Wire & Mfg. Co. v Leach & Co. (247 NY 1, 6), defendant argues that, where the victim is a bank doing business as a corporation, the element of reliance may be established only by evidence that the corporate agent who granted final loan approval in the bank’s name was the one induced by the false representations. However, in proving reliance, it is sufficient to show that an agent involved in the transaction was induced by defendant’s misrepresentations to recommend that the bank authorize the loan.
Here, bank employees who had played a major role in the application and approval process for each of defendant’s loans *1010 testified that they had relied on defendant’s false representations concerning his financial status in recommending that the bank approve his loan requests. Accordingly, the evidence was sufficient to sustain defendant’s larceny conviction.
Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Smith concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.