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PEOPLE v. KHAN

3299/08, 3008.

82 A.D.3d 44 (2011)

916 N.Y.S.2d 28

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALEEM KHAN, Appellant.

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

January 20, 2011.

Attorney(s) appearing for the Case

Roger J. Bernstein , New York City ( Roger J. Bernstein and Eugene A. Gaer of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Timothy C. Stone and Grace Vee of counsel), for respondent.

TOM, J.P., ANDRIAS and MOSKOWITZ, JJ., concur with ACOSTA, J.; CATTERSON, J., dissents in a separate opinion.

OPINION OF THE COURT

ACOSTA, J.

This case stems from a joint investigation by the New York City Police Department and the Human Resources Administration (HRA) of a pharmacy in Manhattan based on a tip that drugs were being sold out of that location without prescriptions. The investigation resulted in the prosecution of defendant for, among other crimes, health care fraud pursuant to Penal Law article 177, which was enacted in 2006 to deal specifically with...

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