People v. Houghtaling

79 A.D.3d 1155, 912 N.Y.S.2d 155
Appellate Division of the Supreme Court of the State of New York·Decided December 2, 2010·Published·Cited by 5 cases

Opinion

Lahtinen, J.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered August 6, 2007, upon a verdict convicting defendant of the crime of falsifying business records in the first degree.

From 1998 to 2005, defendant, together with family members and others, allegedly engaged in an elaborate scheme whereby they intentionally caused over 20 motor vehicle accidents at various places in Albany County. They would then, among other [1156]*1156things, create various documents following each accident that were submitted to insurance companies to obtain payments for nonexistent or grossly exaggerated costs and expenses. While assorted strategies were purportedly used to accomplish their goal, the one relevant on appeal allegedly occurred as follows: defendant knew of a one-way entrance to off-street businesses on Central Avenue in the City of Albany that drivers frequently used as an exit (briefly going the wrong way); her husband waited in a vehicle near that place in the early morning hours on May 6, 2001 until he saw a driver attempting to exit through the one-way entrance; he then purposely drove into the driver causing an accident (for which the other driver appeared at fault); thereafter, among other things, defendant created a receipt for fictitious vehicle rental charges that was submitted to and paid by the other driver’s insurance.

In 2006, a grand jury indicted defendant and seven codefendants in a 72-count superceding indictment

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People v. Houghtaling, 79 A.D.3d 1155, 912 N.Y.S.2d 155 (N.Y. Ct. App. 2010).

79 A.D.3d 1155 (People v. Houghtaling) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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