People v. Montesano

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed.

Following a Medicaid fraud investigation defendant was indicted on one count of grand larceny in the third degree and multiple counts of offering a false instrument for filing. It was the prosecution’s theory that in the period from January to May, 1979 defendant stole in excess of $250' by filing false claim forms which grossly overstated the number of visits defendant had with Medicaid patients. After a jury trial defendant was convicted. On appeal the Appellate Division reversed and granted a new trial on the ground that…