PEOPLE v. SANJUAN


6 A.D.3d 247 (2004)

774 N.Y.S.2d 338

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL SANJUAN, Appellant.

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

April 15, 2004.


In this Medicaid fraud prosecution, the evidence clearly established that defendant, a psychiatrist, was only entitled to reimbursement to the extent that he actually rendered the particular coded services he claimed to have rendered, that he did so on the precise dates set forth in the bills he submitted, and that he spent the required minimum amount of time with each patient. Accordingly, the court properly precluded defendant from arguing to the jury that he may have actually...

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