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PEOPLE v. LACAY

115 A.D.2d 450 (1985)

The People of the State of New York, Appellant, v. Gerard Lacay and Fong Mok, Respondents

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

December 26, 1985

The defendants, charged with filing false sales tax returns, were indicted for the crime of offering a false instrument for filing in the first degree (Penal Law § 175.35). The defendants moved to dismiss the indictments, challenging the ability of the State to prosecute them for this crime under the Penal Law since they claim that the Tax Law provides the exclusive basis of punishment for filing false sales tax returns. The...

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