People v. Walsh
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
People v Valenza (60 NY2d 363) does not prevent the prosecutor from charging an individual who files an allegedly false sales and use tax return with a violation of Penal Law § 175.35 — that is, offering a false instrument for filing in the first degree (see, People v Pisano, 105 AD2d 1156; People v Lacay, 115 AD2d 450). Valenza holds that "[a] vendor who collects sales taxes from customers, but fails to remit the sales taxes due the State under circumstances indicating an intent to permanently deprive the…
2Cases cited6 opinions
- People v. EboliNew York Court of Appeals · 1974
- People v. LubowNew York Court of Appeals · 1971
- People v. BergersonNew York Court of Appeals · 1966
- People v. ValenzaNew York Court of Appeals · 1983
- People v. PisanoAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. RobinsonNew York Court of Appeals · 2000
- State v. PescatoreNew Jersey Superior Court Appellate Division · 1986
- People v. MattocksNew York Court of Appeals · 2009
- People v. SafranAppellate Division of the Supreme Court of the State of New York · 2014
- People v. Vanguard Meter Service, Inc.New York Supreme Court · 1994
5 more not listed; retrieve them via the Exa API.