PEOPLE v. KEEFFE


50 N.Y.2d 149 (1980)

The People of the State of New York, Respondent, v. John A. Keeffe, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1980.


Attorney(s) appearing for the Case

Harold F. McGuire, Jr., and Arthur V. Nealon for appellant.

Robert M. Morgenthau, District Attorney (Carol Ethridge Gette and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge MEYER; Judge JASEN dissents in part and votes to reverse and order a new trial in a separate opinion.


MEYER, J.

Is an attorney who holds in his special account the proceeds of settlement of a personal injury action guilty of larceny when his withdrawals from the special account reduce its balance to less than the amount to which his precedessor attorney has been held entitled as his share of the fee? We hold that the predecessor attorney did not by reason of the order fixing the amount of his fee have "property...

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