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§ 1202 of the Penal Law

The defendant allegedly made a series of false and fraudulent representations to a Medical Service to the effect that he had rendered certain medical services to a number of patients on various dates. These several representations resulted in the delivery of nine checks, each one amounting to less than $100., but totaling in all $612. The indictment, comprising 19 counts, charges defendant with the crime of Grand larceny in the First Degree in the amount of $612. and in the subsequent 18 counts each check is the subject of a Petit larceny count as well as a violation of § 1202 of the Penal Law, i. e. presenting false proofs of loss in support of a claim upon a policy of insurance.

A Nassau County Criminal Attorney said that Defendant demurs to the sufficiency of the indictment, insisting that the first count of Grand larceny in the First Degree alleges a number of separate larcenies rather than a series of takings or acts of theft constituting a single larceny. These counts of the indictment charging violation of § 1202 of the Penal Law, i. e. presenting false proofs of loss, are challenged as insufficient in form and violative of §§ 275 and 276 of the Code of Criminal Procedure. The indictment is further assailed on the ground that sufficient averment is lacking to confer jurisdiction upon this Court.

The facts of the case provides: ‘The defendant , partly in the County of Nassau and partly in the County of New York, between, on or about May 1, 1956 and on or about December 31, 1956, stole, took and carried from the possession of a certain property, owned by it, having an aggregate value of $612., to wit: nine checks, seven of which were in the respective amounts of $72. each, one in the amount of $60. and one in the amount of $48., with the intent to deprive the owner of said property, and of the use and benefit thereof and to appropriate the same to the use of said defendant.

That between, on or about May 1, 1956 and on or about December 31, 1956, he, the said defendant had rendered medical services to several individuals at the office of said defendant at Lakeville Road, New Hyde Park, Nassau County, New York; That on or about September 2, 5, 8, 12 and 16, 1956 respectively he, the said defendant had administered needling of the bursa on five occasions to an individual.

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