PEOPLE v. WALSH


108 A.D.2d 464 (1985)

The People of the State of New York, Appellant, v. Robert Walsh and Geraldine Walsh, Respondents

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

June 3, 1985


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Edward D. Saslaw and William F. Dowling of counsel), for appellant.

Barone Passarello & LaRosa, P. C. (Richard A. LaRosa of counsel), for respondents.

WEINSTEIN, J. P., RUBIN, LAWRENCE and KUNZEMAN, JJ., concur.


Per Curiam.

The instant case presents the question of whether a person who files a false New York State and local sales and use tax return may be subject to prosecution under the Penal Law for the crime of offering a false instrument for filing in the first degree. The question should be answered in the affirmative.

Defendant Robert Walsh, the owner and operator of two gasoline stations in Richmond County, and his wife, defendant Geraldine Walsh, were originally...

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