People v. Rudney

Judgment unanimously reversed, as a matter of discretion in the interest of justice, and a new trial granted. Memorandum: Defendant, a recipient of public assistance under the Aid For Dependent Children Program, was convicted after a jury trial of welfare fraud (Social Services Law, § 145, subd 1), for failure to disclose a pay increase and the receipt of unemployment benefits during a temporary lay-off period. This section provides, inter alia, that any person who, by deliberate concealment of any material fact, obtains public assistance shall be guilty of a crime and that failure on the…