People v. Fratto, 103 A.D.2d 1000 (N.Y. App. Div. 1984). · Go Syfert
People v. Fratto, 103 A.D.2d 1000 (N.Y. App. Div. 1984). Cases Citing This Book View Copy Cite
12 citation events (4 in the last 25 years) across 4 distinct courts.
Strongest positive: Miranda v. Miranda (nyappdiv, 1992-06-11)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited as authority (rule) Miranda v. Miranda
N.Y. App. Div. · 1992 · confidence medium
Employees Assn. v Ontario County Health Facility, 103 AD2d 1000, 1001, lv dismissed 64 NY2d 816 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Anthony Fratto, Guiseppe Fratto, Mario Fratto, Ralph Fratto and Salvatore Fratto
Appellate Division of the Supreme Court of the State of New York.
Jul 13, 1984.
103 A.D.2d 1000
1984 N.Y. App. Div. LEXIS 19673
Cited by 1 opinion  |  Published

— Order unanimously affirmed. Memorandum: The defendants were indicted for offering a false instrument for filing in the first degree (Penal Law, § 175.35) and evasion of taxes (Tax Law, § 695, subd [a]). The trial court properly dismissed the indictments under section 175.35 of the Penal Law. As a general rule, when two statutes prohibiting criminal conduct overlap, the People have the right to prosecute under either law (People v Eboli, 34 NY2d 281; People v Lubow, 29 NY2d 58). This right is limited, however, when legislative intent discloses that the specific statute shall be the “exclusive means of punishing [a] particular [act]” (People v Valenza, 60 NY2d 363, 371; see, also, People v Costello, 305 NY 63). Subdivision (e) of section 695 of the Tax Law states that “[i]f the provisions of this section conflict with those contained in any other law, this section shall control”. Section 175.35 of the Penal Law conflicts with subdivision (a) of section 695 in that it provides for different punishment and is governed by a different Statute of Limitations (see CPL 30.10, subd 2, par [b]). Section 175.35 is therefore not available to the prosecution in this instance. (Appeal from order of Ontario County Court, Cicoria, J. — dismiss indictment.) Present — Dillon, P. J., Doerr, Boomer, Green and O’Donnell, JJ.