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PEOPLE v. ASHBY

1055 KA 16-00797.

200 A.D.3d 1723 (2021)

158 N.Y.S.3d 515

2021 NY Slip Op 07434

The People of the State of New York, Respondent, v. Kevin A. Ashby, Appellant.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

ANTHONY F. BRIGANO , UTICA, FOR DEFENDANT-APPELLANT.

BRIAN D. SEAMAN , DISTRICT ATTORNEY, LOCKPORT ( THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, insurance fraud in the third degree (Penal Law § 176.20), defendant contends that the indictment is jurisdictionally defective. We reject that contention. The failure of the first count of the indictment to recite all the elements of the crime in...

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