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PEOPLE v. AVANT

39 A.D.2d 389 (1972)

The People of the State of New York, Appellant, v. Frederick Avant and Margaret Avant, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 19, 1972.

Attorney(s) appearing for the Case

Arnold W. Proskin, District Attorney, for appellant.

Lyons & Duncan (Condon A. Lyons of counsel), for respondents.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

SWEENEY and REYNOLDS, JJ., concur with KANE, J.; HERLIHY, P. J., concurs in a separate opinion in which STALEY, JR., J. concurs.

KANE, J.

This is an appeal from an order of the County Court of Albany County, entered January 3, 1972, granting defendants' motion to dismiss indictments.

Respondents were jointly indicted, under two separate indictments, charging them with the crimes of offering a false instrument for filing, first degree (Penal Law, § 175.35) and grand larceny, second degree (Penal Law, § 155.35) arising...

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