Judgment affirmed and case remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (subd 5).
In our opinion, Health Form HE-2P, certified and submitted by defendant to the State Department of Health, and containing false information and false statements so that his nursing home facility might be reimbursed for nursing services not rendered its patients, constitutes a written instrument within the meaning of section 175.35...
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