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PEOPLE v. BRIGHAM

261 A.D.2d 43 (1999)

702 N.Y.S.2d 119

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN C. BRIGHAM, Appellant.

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

December 23, 1999.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany (Cornelius D. Murray of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Donald H. Zuckerman of counsel), for respondent.

MERCURE, J. P., CREW III and GRAFFEO, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

After a nonjury trial defendant was convicted as charged of one count of scheme to defraud in the first degree (Penal Law § 190.65 [1] [b]), a felony, and two misdemeanor counts of failure to file corporate tax returns (Tax Law § 1801 [b]). The charges stem from the allegations that defendant, a physician, systematically overstated fees for medical services to insurance companies, and failed to file corporate franchise...

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