Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
The defendant, a podiatrist, was participating in the Medicaid program. The evidence at trial established that although the defendant never prescribed orthotics fabricated from casts for his Medicaid patients but rather furnished an orthotic only after tracing their feet on an order form, he nonetheless billed Medicaid...
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