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PEOPLE v. FRATTO

103 A.D.2d 1000 (1984)

The People of the State of New York, Appellant, v. Anthony Fratto, Guiseppe Fratto, Mario Fratto, Ralph Fratto and Salvatore Fratto, Respondents

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

July 13, 1984

Order unanimously affirmed.

Memorandum:

The defendants were indicted for offering a false instrument for filing in the first degree (Penal Law, § 175.35) and evasion of taxes (Tax Law, § 695, subd [a]). The trial court properly dismissed the indictments under section 175.35 of the Penal Law. As a general rule, when two statutes prohibiting criminal conduct overlap, the People have the right to prosecute under either law (People v Eboli,

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