People v. McDonald

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jones, J.), rendered October 27, 1993, convicting him of grand larceny in the second degree and offering a false instrument for filing in the first degree (six counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

The defendant, a podiatrist, was participating in the Medicaid program. The evidence at trial established that although the defendant never prescribed…