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PEOPLE v. COHEN

52 N.Y.2d 584 (1981)

The People of the State of New York, Respondent, v. Jerry Cohen, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1981.

Attorney(s) appearing for the Case

J. Jeffrey Weisenfeld for appellant.

Robert Abrams, Attorney-General (Edward D. Saslaw and William F. Dowling of counsel), for respondent.

Judges JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion; Judge GABRIELLI concurs in a separate opinion in which Chief Judge COOKE and Judge JASEN concur.

Per Curiam.

Defendant was indicted for grand larceny and for failure to file New York State and local sales and use tax returns. He pleaded guilty to the following count, typical of those charging failure to file tax returns:

"THE GRAND JURY OF THE COUNTY OF NEW YORK by this Indictment, further accuses the defendants, PLAZA HEALTH CLUBS, INC. and JERRY COHEN a/k/a JUSTIN KORN, of the crime of failure to file...

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