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PEOPLE v. COHEN

187 Misc.2d 435 (2000)

720 N.Y.S.2d 731

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ADAM COHEN, STANLEY COHEN, JAMIE K. C. SCHER (Nee JAMIE COHEN), TODD SPEHLER and EILEEN TORRILLO, Defendants.

Supreme Court, New York County.

December 15, 2000.

Attorney(s) appearing for the Case

Arkin, Kaplan & Cohen L. L. P., New York City (Stanley S. Arkin, Mark S. Cohen and Sean R. O'Brien of counsel), for Adam Cohen, Stanley Cohen and Jamie K. C. Scher, defendants.

Roger J. Schwartz, New York City, for Todd Spehler, defendant.

Zuckerman, Spaeder, Goldstein, Taylor & Kolker, L. L. P., New York City (Edward J.M. Little and David Liston of counsel), for Eileen Torrillo, defendant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Adam A. Reeves, Harold Wilson and John Moscow of counsel), for plaintiff.

OPINION OF THE COURT

BERNARD J. FRIED, J.

Defendants, who were charged with conspiracy in the fifth degree, scheme to defraud in the first degree, perjury in the first degree, offering a false instrument for filing in the first degree and violation of General Business Law § 352-c (5), moved to dismiss the indictment. On November 16, 2000, I denied the motion as to all counts except counts 24, 25 and 26, which charged the crime of offering a false instrument...

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