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PEOPLE v. MARKU

Motion No. M-4291.

143 A.D.3d 576 (2016)

2016 NY Slip Op 06883

39 N.Y.S.3d 152

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONIKA MARKU, Appellant.

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

Decided October 20, 2016.

The court properly granted the People's request for submission of grand larceny in the third degree and welfare fraud in the third degree as lesser included offenses of these crimes' second-degree counterparts. The evidence supported a reasonable view that defendant fraudulently obtained public assistance health benefits in an amount exceeding $3,000, but under $50,000 (see generally People v Rivera, 23 N.Y.3d 112, 120 [2014]). Although...

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