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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAIRYLEA COOPERATIVE, INC., et al., Respondents. THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

Appeals from orders of the Supreme Court at Special Term, entered October 30, 1975, October 31, 1975, November 3, 1975, November 5, 1975 and November 7, 1975 in Albany County, which granted defendants' motions to dismiss the indictments against them. Orders affirmed, on the opinion of Harvey, J., at Special Term. Contrary to appellant's argument, the subsequently decided case of People v Bel Air Equip. Corp. ( 39 N.Y.2d 48) supports, rather than weakens, the reasoning of Special Term in concluding that the pertinent documents here involved were not "instruments" within the scope of section 175.35 Penal of the Penal Law. Sweeney, J.P., Kane, Mahoney, Larkin and Herlihy, JJ., concur.

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PEOPLE v. DAIRYLEA COOPERATIVE, INC
(May 20, 1976)