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PEOPLE v. RUBIN

286 A.D.2d 555 (2001)

729 N.Y.S.2d 561

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL RUBIN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided August 30, 2001.

Crew III, J.

When this matter was last before us, we held that counts one through seven of the indictment must be dismissed inasmuch as the Medicaid regulation serving as the basis for the fraud alleged in those counts was unconstitutionally vague (271 A.D.2d 759). Upon appeal, the Court of Appeals modified our order by reinstating counts one through seven of the indictment and remitted...

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