PEOPLE v. MONTESANO


58 N.Y.2d 736 (1982)

The People of the State of New York, Appellant, v. Pasquale Montesano, Respondent.

Court of Appeals of the State of New York.

Decided December 14, 1982.


Attorney(s) appearing for the Case

Edward J. Kuriansky, Deputy Attorney-General (Bonnie H. Stein and Arthur G. Weinstein of counsel), for appellant.

Salvador J. Capecelatro, Jr., Angelo N. Felice and Earle C. Bastow for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The appeal should be dismissed.

Following a Medicaid fraud investigation defendant was indicted on one count of grand larceny in the third degree and multiple counts of offering a false instrument for filing. It was the prosecution's theory that in the period from January to May, 1979 defendant stole in excess of $250 by filing false claim forms which grossly overstated the number of visits defendant had...

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