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PEOPLE v. VALENZA

108 Misc.2d 86 (1981)

The People of the State of New York, Plaintiff, v. Frank Valenza and Melting Moments, Inc., Doing Business as The Palace, Defendants. The People of the State of New York, Plaintiff, v. Frank Valenza and Proof of the Pudding, Inc., Defendants.

Supreme Court, Trial Term, New York County.

February 18, 1981

Attorney(s) appearing for the Case

Kase & Druker (John Kase of counsel), for defendants. Robert Abrams, Attorney-General (Andrew Kosloff of counsel), for plaintiff.

IRVING LANG, J.

The principal issue raised by defendants' multifaceted motion to dismiss the instant indictments is whether the failure to pay New York State sales tax can subject the delinquent taxpayer to a criminal prosecution for larceny.

THE INDICTMENTS

Frank Valenza is the sole owner of two of New York City's most famous Manhattan restaurants, Proof of the Pudding and The Palace. Mr...

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