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PEOPLE v. RUBIN

96 N.Y.2d 548 (2001)

757 N.E.2d 762

731 N.Y.S.2d 908

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. DANIEL RUBIN, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided May 10, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Arthur G. Weinstein, Preeta D. Bansal, Daniel Smirlock and Robin A. Forshaw of counsel), for appellant-respondent.

Robert A. Culp, New York City, and O'Connell and Aronowitz, Albany (Jeffrey J. Sherrin of counsel), for respondent-appellant.

Chief Judge KAYE and Judges CIPARICK, WESLEY and ALTMAN concur; Judges LEVINE, ROSENBLATT and GRAFFEO taking no part.

OPINION OF THE COURT

SMITH, J.

The People appeal from an order of the Appellate Division that reversed defendant's conviction for grand larceny in the second degree (Penal Law § 155.40) and six counts of offering a false instrument for filing in the first degree (Penal Law § 175.35). Defendant cross-appeals from the same order to the extent that it affirmed his conviction of two counts of offering...

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