People v. Smith

*1256Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered September 1, 2000. The judgment convicted defendant, after a nonjury trial, of welfare fraud in the fourth degree and offering a false instrument for filing in the first degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is modified on the law by reversing that part convicting defendant of welfare fraud in the fourth degree, dismissing the first count of the indictment and vacating the sentence of imprisonment imposed on that conviction and as modified the…