PEOPLE v. BEL AIR EQUIP. CORP.


39 N.Y.2d 48 (1976)

The People of the State of New York, Respondent, v. Bel Air Equipment Corporation and James F. Macri, Appellants.

Court of Appeals of the State of New York.

Decided February 26, 1976.


Attorney(s) appearing for the Case

Morton N. Wekstein for appellants.

Carl A. Vergari, District Attorney (James M. Rose of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Jules E. Orenstein, Samuel A. Hirshowitz and Elliott S. Greenspan of counsel), amicus curiae.

Charles J. Hynes, Deputy Attorney-General (T. James Bryan and Hillel Hoffman of counsel), for Health and Social Services, amicus curiae.

Chief Judge BREITEL and Judges JONES, WACHTLER, FUCHSBERG and COOKE concur with Judge JASEN; Judge GABRIELLI concurs in result in a separate concurring opinion in which Chief Judge BREITEL and Judges JONES, WACHTLER, FUCHSBERG and COOKE also concur.


JASEN, J.

The principal issue raised on this appeal is whether standard State vouchers, utilized for presenting claims against the State, are instruments within the meaning of section 175.35 of the Penal Law. We conclude that these vouchers are instruments for the purposes of that statute and would affirm the order of the Appellate Division sustaining convictions under section 175.35 for filing false instruments...

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