Conviction for sick leave fraud upheld
People v Patino, 259 AD2d 502 [see, also, 259 AD2d 502]
The Appellate Division upheld the conviction of Robert Patino, a former Nassau County police officer, who was found guilty of grand larceny and defrauding the government in connection with his claim of disability in order to obtain sick leave benefits.
The Appellate Division said that Patino was not entitled to sick leave benefits simply because he “followed administrative procedures” as the evidence established that he “intentionally and wrongfully obtained more than $3000 in sick leave benefits from the Police Department by fraudulently misrepresenting his ailments or illnesses.”
Also rejected was Patino’s claim of “selective prosecution” because of the police department’s alleged animosity towards him. The court said that Patino failed to establish that he was singled out by the Nassau County District Attorney’s Office for this criminal prosecution “based upon an impermissible standard such as race, religion or some other arbitrary classification.”
NYPPL