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PEOPLE v. ALFARO

108 A.D.2d 517 (1985)

The People of the State of New York, Respondent, v. Richard Alfaro, Appellant

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

May 20, 1985

Attorney(s) appearing for the Case

Spiros A. Tsimbinos for appellant.

Robert Abrams, Attorney-General (William F. Dowling and Richard A. Serafini of counsel; Sal Petilos on the brief), for respondent.

MOLLEN, P. J., and O'CONNOR, J., concur with TITONE, J.; EIBER, J., dissents and votes to reverse the judgment appealed from, on the law, and to dismiss the indictment, with an opinion, in which LAWRENCE, J., concurs.

TITONE, J.

Defendant appeals from a judgment of the Supreme Court, Queens County (121 Misc.2d 804), which convicted him, following a nonjury trial, of insurance fraud in the third degree (Penal Law § 176.10) and imposed a $1,000 fine. The facts, as detailed in the dissenting opinion, are plainly sufficient to support the verdict (People v Malizia, 62 N.Y.2d 755, 757...

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