Legal Opinion

People v. Miran

Appellate Division of the Supreme Court of the State of New York

Decided April 26, 2013No. Appeal No. 1PublishedCited by 6 opinions

1Opinion of the Court

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 § 1396b (q) (3). For the reasons that follow, we agree with the People that Executive Law § 63 (3) empowers the Attorney General to prosecute crimes…

2Cases cited25 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  4. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  5. Arizona v. United StatesSupreme Court of the United States · 2012

20 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Miran v. CuomoDistrict Court, W.D. New York · 2021
  2. Miran v. CuomoDistrict Court, W.D. New York · 2019
  3. People v. MiranAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. MiranAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. MiranAppellate Division of the Supreme Court of the State of New York · 2013

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API