PEOPLE v. MICHAEL


210 A.D.2d 874 (1994)

620 N.Y.S.2d 637

The People of the State of New York, Respondent, v. Nancy J. Michael, Appellant

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

December 23, 1994


Judgment unanimously affirmed.

Memorandum:

Defendant contends that her conviction of insurance fraud in the third degree (Penal Law § 176.20) must be reversed because the proof is insufficient to establish that she committed arson or any other act that could be construed as a fraudulent insurance act and is also insufficient to establish the value element of that crime.

The essence of insurance fraud is the filing of a false written statement...

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