People v. Zimmerman
People v. Zimmerman
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant’s conviction is sustainable on the basis of the ample circumstantial evidence that he and a coconspirator colluded to deceive the bank while appearing to comply with its procedures and loan requirements. Among other things, the evidence showed that, with defendant’s knowledge, the coconspirator intentionally made false representations and misstatements on loan applications. Defendant then proceeded to misrepresent his coconspirator’s financial status to colleagues at the bank, inducing them to coapprove the loans beyond the limit of defendant’s own lending authority. There was additional evidence that, by initialing his approval on checks drawn on his coconspirator’s overdrawn account, defendant induced colleagues to cash these checks.
Finally, the bank’s employee-agents testified that they had, in fact, relied on defendant’s misrepresentations as to his coconspirator’s credit standing in recommending that the bank approve his loans, all of which eventually went into default, and to cash his checks for considerable amounts on an account containing insufficient funds. Since the reliance of its agents may be imputed to the victimized bank (see, People v Termotto, 81 NY2d 1008 [decided herewith]; Oliner v Mid-Town Promoters, 2 NY2d 63, 64; Seneca Wire & Mfg. Co. v Leach & Co., 247 NY 1, 6), the People’s larceny charge was adequately established. Defendant’s remaining contentions are lacking in merit.
Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Smith concur.
Order affirmed in a memorandum.
Reference
- Full Case Name
- The People of the State of New York v. Douglas Zimmerman
- Cited By
- 3 cases
- Status
- Published