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PEOPLE v. KISINA

No. 25

14 N.Y.3d 153 (2010)

924 N.E.2d 792

897 N.Y.S.2d 684

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TATYANA KISINA, Appellant.

Court of Appeals of New York.

Decided February 18, 2010.

Attorney(s) appearing for the Case

Stillman, Friedman & Shechtman, P.C., New York City ( Nathaniel Z. Marmur and Paul Shechtman of counsel), for appellant.

Andrew M. Cuomo , Attorney General, New York City ( Hannah Stith Long, Barbara D. Underwood and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

The principal question presented in this appeal is whether a physician can be found guilty of falsifying business records in the first degree (Penal Law § 175.10) for submitting fraudulent medical documentation to a no-fault insurance carrier for the purpose of receiving payments for treatments that were unnecessary or unperformed. We hold that the submitted documents are "business records" for the purpose of this statute...

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