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People v. Fichtner

New York Supreme Court, Appellate Division, 2nd Department

114 N.E.2d 212 (1952)

Relevant factsFree

After catching Smith shoplifting a coffee canister, store managers Fichtner and McGuinness (defendants) threatened to call police and expose him publicly unless he signed a statement admitting to $75 in theft over several months and paid that amount, even though the managers had only personally observed roughly $5.61 in actual theft; Smith paid $25 and agreed to installments before the scheme was discovered, and the managers were convicted of extortion, arguing they honestly believed Smith owed the full amount and that the money was meant for their employer's benefit.

IssueFree

Whether an individual is guilty of extortion when he obtains property from another person, with that person's consent, by inducing fear of criminal prosecution or other disgrace.

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