In The People of the State of New York v. Schlick , John Schlick was charged with grand larceny and criminal possession of a forged instrument. Schlick apparently took large sums of money from an elderly woman after she had become mentally incompetent.
The New York County Supreme Court convicted Schlick, and sentenced him to an aggregate term of 2-6 years. When Schlick appealed, the Appellate Division, First Department, was unreceptive to his claims.
Schlick's primary defense was that he had a financial relationship with the victim prior to her incapacity. The AD1, and the New York County Supreme Court, refused to consider that evidence, since it only demonstrated that the victim had made substantial monetary gifts to Schlick before her mental state had deteriorated. "Even if [Schlick] believed the victim, had she remained competent, would have continued the pattern of gifts, this would not have entitled him to unilaterally take her money after she was no longer capable of choosing to give it away."
While it was certainly capable of doing so, the AD1 wasn't about to hand any "gifts" over to Mr. Schlick.
Now that's a wrap!
For a copy of the Appellate Division's decision, please use this link: The People of the State of New York v. Schlick