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PEOPLE v. MIRAN

319 KA 12-01189.

107 A.D.3d 28 (2013)

964 N.Y.S.2d 309

2013 NY Slip Op 2910

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MIRAN, Appellant. (Appeal No. 1.)

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

Decided April 26, 2013.

Attorney(s) appearing for the Case

The Parrinello Law Firm, LLP, Rochester ( Bruce F. Freeman of counsel), and Cerulli, Massare & Lembke, for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Jodi A. Danzig of counsel), for respondent.

SCUDDER, P.J., SCONIERS and MARTOCHE, JJ., concur.

OPINION OF THE COURT

FAHEY, J.

In appeal Nos. 1 through 3, defendants appeal from respective judgments convicting them of crimes related to Medicaid and Medicare fraud. In doing so, defendants raise the issues whether the Attorney General of the State of New York (hereafter, Attorney General) has authority under Executive Law § 63 (3) to prosecute defendants for crimes involving Medicare, and whether Executive Law § 63 (3) is preempted by 42 USC...

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