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PEOPLE v. CONSALVO

303 A.D.2d 202 (2003)

756 N.Y.S.2d 541

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY CONSALVO, Appellant.

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

Decided March 11, 2003.

Following remittal by the Court of Appeals (89 N.Y.2d 140 [1996]), Supreme Court conducted a restitution hearing in which defendant received "a reasonable opportunity to contest the People's evidence or supply evidence on his own behalf" (id. at 146). The People established by a preponderance of the evidence that the loss caused by defendant's Medicaid fraud was at least $500,000.

The court properly weighed conflicting expert...

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