People v. Rubin

Appeal from a judgment of the Supreme Court (Czajka, J.), rendered May 14, 1999 in Albany County, upon a verdict convicting defendant of the crimes of grand larceny in the second degree and offering a false instrument for filing in the first degree (eight counts).

When this matter was last before us, we held that counts one through seven of the indictment must be dismissed *556inasmuch as the Medicaid regulation serving as the basis for the fraud alleged in those counts was unconstitutionally vague (271 AD2d 759). Upon appeal, the Court of Appeals modified our order by reinstating counts one…