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...
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