People v. Insalaco

OPINION OF THE COURT

Frederick M. Marshall, J.

The defendant is charged under this indictment with offering a false instrument for filing in the first degree (two counts) and criminal possession of a forged instrument in the second degree. The gravamen of the offenses stems from false bids allegedly submitted by the defendant to the Public Administrator of Erie County.

*372In moving for its dismissal, the defendant argues that the indictment is defective since the larceny statutes allegedly violated make reference to "a public office or public servant” and the office of the Public Administrator is…