In People v. Ohrenstein, 77 N.Y.2d 38 [1990] the Court of Appeals held that because the Legislature itself had not defined what fell within the "proper duties" of its staff, legislative employees who did some work for a Member of the New York State Senate could not be prosecuted for larceny and false filings based on the theory that the work they did was not "proper." Such a prosecution was impermissible because it would have required the judicial branch, rather than the Legislature itself, to determine what those "proper duties" were, and to draw the line between political activities that were "proper" and those that were not. (77 N.Y.2d at 48 [noting that "the prosecutor's objection to the defendants' use of Senate staff for the campaigns is not based on the fact that it is a political activity but on the belief that it is too political"].) On the other hand, the Court in Ohrenstein found no bar to the prosecution of "no-show" employees who allegedly did no work, since in such a prosecution, "there is no question as to what 'proper duties' include, because no matter how they are defined, they must at least include the performance of some services, of some type, at some time." (77 N.Y.2d at 53.)