PEOPLE v. VALENZA


60 N.Y.2d 363 (1983)

The People of the State of New York, Respondent, v. Frank Valenza, Appellant. The People of the State of New York, Respondent, v. Proof of the Pudding, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1983.


Attorney(s) appearing for the Case

Paula Schwartz Frome for appellant in the first above-entitled action.

John Laurence Kase and Paula Schwartz Frome for appellant in the second above-entitled action.

Robert Abrams, Attorney-General (Andrew Kosloff and William F. Dowling of counsel), for respondent in the first above-entitled action.

Robert Abrams, Attorney-General (Andrew Kosloff and William F. Dowling of counsel), for respondent in the second above-entitled action.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


Chief Judge COOKE.

A vendor who collects sales taxes from customers, but fails to remit the sales taxes due the State under circumstances indicating an intent to permanently deprive the State of the taxes, may not be subjected to criminal prosecution for larceny by embezzlement. In creating the Tax Law, the Legislature provided an integrated statutory regulation that includes a comprehensive scheme of civil and...

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