People v. Mehta

Memorandum: The People appeal from an order of County Court dismissing an indictment. Defendant, a physician, was charged with 2 counts of grand larceny in the second degree and 11 counts of offering a false instrument for filing in the first degree as a result of billings he made to Medicaid and Niagara County between 1982 and 1985. The indictment alleged that by submitting improper codes (upcoding), defendant claimed he had performed comprehensive examinations on Medicaid patients when, in fact, only routine office visits had occurred resulting in an overpayment to defendant in excess of…