Nov. 05--A state appeals court has reversed a conviction and dismissed the indictment of an insurance agent accused in a fraud case in which a former president of the Otsego County Chamber of Commerce pleaded guilty.
Agent Norman J. Michaels Jr. and Rob Robinson, former Chamber president, had been accused of fraud involving the sale of MVP Health Insurance Co. coverage years ago.
In a decision Oct. 22, the state Supreme Court, Appellate Division, Third Judicial Department, decided on Michaels' appeal. The four-judge panel reversed a July 21, 2014, jury conviction of Michaels on charges of grand larceny and scheme to defraud.
In June 2014, Robinson had pleaded guilty before Judge John Lambert in Otsego County Court to first-degree scheme to defraud, a felony. In September last year, he was sentenced to a three-year conditional discharge and fined $2,000 fine, officials said.
Terence Kindlon, Michaels' trial attorney, said today that the appellate court's decision exonerates his client.
Robinson, who was represented separately by another attorney, shouldn't have pleaded guilty in the case, Kindlon of Albany said. Robinson has an option to request that his plea be vacated but the court isn't required to act, the attorney said.
In selling the health insurance, the men were following normal business practices and not conducting any criminal activity, Kindlon said.
"I can't over-emphasize this," Kindlon said. "There was no crime here _ no crime."
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