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PEOPLE v. McDONALD

88 N.Y.2d 281 (1996)

667 N.E.2d 320

644 N.Y.S.2d 670

The People of the State of New York, Respondent, v. Robert McDonald, Appellant. The People of the State of New York, Respondent, v. Emilia Strogov, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 1996.

Attorney(s) appearing for the Case

T. Kevin Murtha & Associates, P. C., Roslyn (Joseph Madsen of counsel), for appellant in the first above-entitled action.

Dennis C. Vacco, Attorney-General, New York City (Arthur G. Weinstein and Bonnie H. Stein of counsel), for respondent in the first above-entitled action.

Vivian Shevitz, Mt. Kisco, Carol E. Gette and Jane Simkin Smith for appellant in the second above-entitled action.

Dennis C. Vacco, Attorney-General, New York City (Arthur G. Weinstein, Donald H. Zuckerman and Michael R. Berlowitz of counsel), for respondent in the second above-entitled action.

Feldman & Kieffer, LLP, Buffalo (Andrew Feldman of counsel), for New York State Podiatric Medicine Association, amicus curiae in the first and second above-entitled actions.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

Following a jury trial, defendant McDonald, a podiatrist enrolled as a participating provider in the New York Medical Assistance Program, was convicted of one count of second degree grand larceny (Penal Law § 155.40) and six counts of offering a false instrument for filing in the first degree (Penal Law § 175.35). In an unrelated bench trial, defendant Strogov, also a participating podiatrist...

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