People v. Astafan

—Judgment unanimously reversed on the law and new trial granted on counts one and two of the indictment. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of grand larceny in the third degree (Penal Law § 155.35) and falsifying business records in the first degree (Penal Law § 175.10). The conviction results from the application by defendant for family health insurance coverage from his employer although he was not married to his live-in girlfriend and had not adopted her granddaughter, of whom she had legal custody. We conclude that the conviction is supported…