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PEOPLE v. RUDNEY

83 A.D.2d 746 (1981)

The People of the State of New York, Respondent, v. Ann M. Rudney, Appellant

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

July 9, 1981

Judgment unanimously reversed, as a matter of discretion in the interest of justice, and a new trial granted.

Memorandum:

Defendant, a recipient of public assistance under the Aid For Dependent Children Program, was convicted after a jury trial of welfare fraud (Social Services Law, § 145, subd 1), for failure to disclose a pay increase and the receipt of unemployment benefits during a temporary lay-off period. This section provides, inter alia

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