Opinion
March 9, 1992
Appeal from the County Court, Rockland County (Kelly, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the indictment counts which charged him with offering a false instrument for filing in the first degree were not "duplicitous" inasmuch as they each alleged only one criminal offense (see, CPL 200.30; People v Charles, 61 N.Y.2d 321, 329; People v Heinzelman, 170 A.D.2d 841). Nor were the foregoing counts "duplicitous" because there were two factual predicates for each. "`Where an offense may be committed by doing any one of several things, the indictment may, in a single count, group them together and charge the defendant with having committed them all, and a conviction may be had on proof of the commission of any one of the things, without proof of the commission of the others'" (People v Charles, supra, at 327-328, quoting from People v Nicholas, 35 A.D.2d 18, 20). Bracken, J.P., Sullivan, Lawrence and Eiber, JJ., concur.