People v. Cox

In People v. Cox, 286 NY 137 (1941) a turnstile maintainer for the Independent Subway System of the City of New York, appropriated thousands of dollars in nickels deposited in the turnstiles over a period of eleven months. The Court found that the evidence was sufficient to "sustain the verdict of the jury that the entire taking was governed by a single intent and a general illegal design." Id. At 143. Specifically, the Court stated that "there was a continuing larceny by a thief operating under a single purpose to carry out a general fraudulent plan." In making its determination, the Court relied on several factors such as whether or not there was: (1) "a continuing larceny by a thief operating under a single purpose to carry out a general fraudulent plan," (2) ". . .[a] formulation of a plan for systemized thievery," (3)". . . [an] adoption of the plan by persons able to make it effective," and (4) "[a] subsequent realization, together with the taking of the necessary steps to preserve a continuing operation..."Id. at 144.