On November 24, 1976 defendant was charged in a nine count indictment containing seven counts of grand larceny in the second degree and two counts of grand larceny in the third degree. Defendant was acquitted of all but the seventh count. That count alleged that he withheld and appropriated to his own use approximately $26,248 of Medicare payments by failing to reimburse the money to his nursing home patients who had paid for their care at the Endicott Nursing Home (Home...
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