People State New York v. Lawrence D. Chesler
By Court of Appeals of New York
- Release Date - Published: 1980-05-01
- Book Genre: Law
- Author: Court of Appeals of New York
People State New York v. Lawrence D. Chesler Court of Appeals of New York read online review & book description:
On a charge of larceny in violation of section 79-a of the Lien Law, a defense of actual repayment to creditors based on subdivision 2 of that section is an ordinary defense and not an affirmative defense. To the extent that the application of section 155.15 of the Penal Law would classify as an "affirmative defense" the related "good faith" defense based on the contention that, even if the payments in question were not actually made to creditors as required by subdivision 2, defendant nonetheless in good faith believed them to be at the time, such application would be unconstitutional because it would shift the burden of proof to defendant.
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