Defendant Owen Rice has been indicted for the crimes of scheme to defraud in the first degree (Penal Law § 190.65 [1] [b]); grand larceny in the second degree (Penal Law § 155.40 [1]); and violation of General Business Law § 352-c (6). The indictment alleges that in 1992, defendant and his codefendants, Ralph Scheri and Leonard Gruber,
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