Judgment reversed upon the law and the facts, indictment dismissed, and bail exonerated.
It was established at the trial that the criterion of assistance by the Department of Welfare was the need of the applicant. Appellant's false representation that he was unmarried was material only if it were shown that he was not entitled to the assistance based on disability which he received (People v. Miller, 169 N.Y. 339, 351; cf. Social Welfare Law, § 145). Although...
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