Legal Opinion
People v. Michael
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1994PublishedCited by 6 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that her conviction of insurance fraud in the third degree (Penal Law § 176.20) must be reversed because the proof is insufficient to establish that she committed arson or any other act that could be construed as a fraudulent insurance act and is also insufficient to establish the value element of that Crime.
The essence of insurance fraud is the filing of a false written statement as part of a claim for insurance. (People v Alfaro, 108 AD2d 517, 520, affd 66 NY2d 985; People v Dybdahl, 144 AD2d 949, 950). Contrary to the…
2Cases cited3 opinions
- People v. AlfaroNew York Court of Appeals · 1985
- People v. AlfaroAppellate Division of the Supreme Court of the State of New York · 1985
- People v. DybdahlAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by6 opinions
- People v. PaganAppellate Division of the Supreme Court of the State of New York · 2011
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 2009
- People v. AbrahamAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SylvestreAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MurrayAppellate Division of the Supreme Court of the State of New York · 2021
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