Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment.
Memorandum:
Defendant, the owner of Sunbeam Pools and Spas, located in Monroe County, was the subject of a sales tax audit in 1986 by the New York State Department of Taxation and Finance. He thereafter was charged in a 12-count indictment with offering a false instrument for filing in the first degree...
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