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PEOPLE v. BLOOMFIELD

6 N.Y.3d 165 (2006)

844 N.E.2d 296

810 N.Y.S.2d 749

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HARRY J.F. BLOOMFIELD, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. STUART CREGGY, Respondent.

Court of Appeals of the State of New York.

Decided February 14, 2006.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Gina Mignola and Amyjane Rettew of counsel), for appellant.

Stillman & Friedman, P.C., New York City (Nathaniel Z. Marmur and Karin Klapper Orenstein of counsel), for Harry J.F. Bloomfield, respondent.

Duane Morris, LLP, Washington, D.C. (Joseph J. Aronica and Laurice Chen of counsel), for Stuart Creggy, respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO and R.S. SMITH concur; Judge READ taking no part.

OPINION OF THE COURT

CIPARICK, J.

The issue presented by this appeal is whether there is sufficient evidence that fraudulent letters kept in the files of an enterprise's legal counsel, rather than at the company's headquarters, were "[b]usiness record[s]" as defined by Penal Law § 175.00 (2). We conclude that the location where a document is maintained is merely a factor, not determinative, of its status...

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