PEOPLE v. PECK


93 Misc.2d 838 (1978)

The People of the State of New York, Plaintiff v. Calvin Peck and Millicent Peck, Defendants.

Supreme Court, Criminal Term, Queens County.

January 23, 1978


Attorney(s) appearing for the Case

Marvyn M. Kornberg for Calvin Peck, defendant. Martin Erdmann for Millicent Peck, defendant. John J. Santucci, District Attorney (Alex J. Zigman of counsel), for plaintiff.


ROSE L. RUBIN, J.

In this welfare fraud case, a significant question of law is raised by defendants' pretrial motions to dismiss the indictment. The felony indictment charges the defendant with stealing more than $1,500 from the New York City Department of Social Services. The amount of the larceny is arrived at by aggregating welfare checks allegedly fraudulently received between July 16, 1969 and October 30, 1973, and then deducting the sum of welfare...

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