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PEOPLE v. PRIM

47 A.D.2d 409 (1975)

The People of the State of New York, Respondent, v. Mildred Prim, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 23, 1975

Attorney(s) appearing for the Case

Nathaniel A. Barrell (Henrietta M. Wolfgang of counsel), for appellant.

Edward C. Cosgrove, District Attorney (William E. Balthasar of counsel), for respondent.

MARSH, P.J., and MAHONEY, J., concur with GOLDMAN, J.; MOULE, J., concurs in an opinion in which SIMONS, J., concurs.

GOLDMAN, J.

This is a welfare fraud case in which the defendant after a jury trial has been convicted of both grand larceny in the second degree (Penal Law, § 155.35), a class D felony, and also a violation of section 145 of the Social Services Law, a class A misdemeanor. Defendant was sentenced on each count to one year of imprisonment in Erie County Correctional Facility, the sentences to run concurrently...

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