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  5. 91 N.Y.2d 765 (1998)
 

PEOPLE v. FETCHO

91 N.Y.2d 765 (1998)

698 N.E.2d 935

676 N.Y.S.2d 106

The People of the State of New York, Appellant, v. Thomas Fetcho, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1998.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Arthur G. Weinstein, Lawrence N. Gray and Norman S. Hatt of counsel), for appellant.

John A. Cirando, Syracuse, Ivette Iza Zenner, Lisa M. Cirando and George M. Raus, Jr., for respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

A Grand Jury indicted defendant pharmacist for the crimes of criminal possession of stolen property in the first degree (Penal Law § 165.54) and criminal diversion of prescription medications and prescriptions in the first degree (Penal Law § 178.25). The indictment grew out of an investigation by the Attorney-General's Medicaid Fraud Unit involving other defendants and the suspected diversion...

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