PEOPLE v. GOTTHAINER


80 A.D.2d 922 (1981)

The People of the State of New York, Respondent v. Michael Gotthainer, Appellant

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

March 30, 1981


Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Suffolk County, for an entry of an order in its discretion pursuant to CPL 160.50.

The People concede that although the indictment was filed in 1979, it is legally sufficient only if the Suffolk County resolution in question is a written "instrument" within the meaning of section 175.35 of the Penal Law, as that term was defined before the enactment of subdivision 3 of section...

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