Novello Indictment
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SUPREME COURT - COUNTY OF ALBANY
FILE NO. 902818
________________________________________________ THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FIRST COUNT: Defrauding the Government, in violation of Section 195.20 of the Penal Law of the State of New York, a Class E Felony, in that the defendant, being a public servant or party officer, at or between the 31st day of January 2004, up to the 25th day of December 2006, at the New York State Department of Health, in the City of Albany, County of Albany, State of New York, (a) did engage in a scheme constituting a systematic ongoing course of conduct with intent to defraud the state or a political subdivision of the state or a governmental instrumentality within the state or to obtain property from the state or a political subdivision of the state or a governmental instrumentality within the state by false or fraudulent pretenses, representations or promises and (b) so obtained property with a value in excess of one thousand dollars from such state, political subdivision or governmental instrumentality, to wit: at the aforesaid date, time and place, the defendant, a public servant, obtained services with a value in excess of one thousand dollars for personal use from the State of New York by using state employees under her supervision and control for her personal purposes while such state employees were being paid by the State of New York for regular and overtime hours during the time they were directed by the defendant to perform such personal services for her.
(Continued on Page 2) ____________________________________ LINDA M. GRIGGS Assistant District Attorney
SUPREME COURT - COUNTY OF ALBANY
FILE NO. 902818
________________________________________________ THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SECOND COUNT: Offering a False Instrument For Filing in the First Degree, in violation of Section 175.35 of the Penal Law of the State of New York, a Class E Felony, in that the defendant, on or about the 10th day of December, 2004, at the New York State Department of Health, in the City of Albany, County of Albany, State of New York, did, knowing that a written instrument contains a false statement or false information and with intent to defraud the State or any political subdivision thereof, offer or present it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation, to wit: at the aforesaid date, time and place, the defendant did knowingly cause to be offered or presented a written instrument containing a false statement or false information consisting of a Taxable Value of Personal use of Employer Provided Vehicle form to the New York State Department of Health Operations Management Group, with the intent to defraud the State of New York by failing to accurately record “Chauffeur Amount” with the knowledge or belief that such instrument would be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation. (Continued on Page 3) ____________________________________ LINDA M. GRIGGS Assistant District Attorney
2
SUPREME COURT - COUNTY OF ALBANY
FILE NO. 902818
________________________________________________ THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: THIRD COUNT: Offering a False Instrument For Filing in the First Degree, in violation of Section 175.35 of the Penal Law of the State of New York, a Class E Felony, in that the defendant, on or about the 9th day of January, 2006, at the New York State Department of Health, in the City of Albany, County of Albany, State of New York, did, knowing that a written instrument contains a false statement or false information and with intent to defraud the State or any political subdivision thereof, offer or present it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation, to wit: at the aforesaid date, time and place, the defendant did knowingly cause to be offered or presented a written instrument containing a false statement or false information consisting of a Taxable Value of Personal use of Employer Provided Vehicle form to the New York State Department of Health Operations Management Group, with the intent to defraud the State of New York by failing to accurately record “Chauffeur Amount” with the knowledge or belief that such instrument would be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation. (Continued on Page 4) ____________________________________ LINDA M. GRIGGS Assistant District Attorney
3
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FOURTH COUNT: Offering a False Instrument For Filing in the First Degree, in violation of Section 175.35 of the Penal Law of the State of New York, a Class E Felony, in that the defendant, on or about the 9th day of December, 2006, at the New York State Department of Health, in the City of Albany, County of Albany, State of New York, did, knowing that a written instrument contains a false statement or false information and with intent to defraud the State or any political subdivision thereof, offer or present it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation, to wit: at the aforesaid date, time and place, the defendant did knowingly cause to be offered or presented a written instrument containing a false statement or false information consisting of a Taxable Value of Personal use of Employer Provided Vehicle form to the New York State Department of Health Operations Management Group, with the intent to defraud the State of New York by failing to accurately record “Chauffeur Amount” with the knowledge or belief that such instrument would be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 5)
4
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FIFTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 11:00 a.m. and 9:00 p.m. on or about the 31st day of January, 2004, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 6)
5
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SIXTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 11:00 a.m. and 9:00 p.m. on or about the 21st day of February, 2004, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 7)
6
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SEVENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 3:00 p.m. and 11:00 p.m. on or about the 11th day of December, 2004, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 8)
7
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: EIGHTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 9:00 p.m. on or about the 15th day of January, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 9)
8
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: NINTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 9:00 p.m. on or about the 9th day of April, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 10)
9
SUPREME COURT - COUNTY OF ALBANY
FILE NO. 902818
________________________________________________ THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: TENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 6:00 p.m. on or about the 30th day of April, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 11)
10
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: ELEVENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 2:00 p.m. and 8:00 p.m. on or about the 14th day of May, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 12)
11
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: TWELFTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 8:00 p.m. on or about the 4th day of July, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 13)
12
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: THIRTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 9:00 p.m. on or about the 6th day of November, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 14)
13
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FOURTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 6:00 p.m. on or about the 20th day of November, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 15)
14
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FIFTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 12:00 p.m. and 7:00 p.m. on or about the 4th day of June, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 16)
15
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SIXTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 11:00 p.m. on or about the 8th day of July, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 17)
16
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SEVENTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 10:00 a.m. and 10:00 p.m. on or about the 11th day of July, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 18)
17
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: EIGHTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 a.m. and 11:00 a.m. on or about the 23rd day of July, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 19)
18
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: NINETEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 8:30 a.m. and 10:00 p.m. on or about the 21st day of December, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 20)
19
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: TWENTIETH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 a.m. and 11:00 a.m. on or about the 25th day of December, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney
20
FILE NO. 902818
________________________________________________ THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FIRST COUNT: Defrauding the Government, in violation of Section 195.20 of the Penal Law of the State of New York, a Class E Felony, in that the defendant, being a public servant or party officer, at or between the 31st day of January 2004, up to the 25th day of December 2006, at the New York State Department of Health, in the City of Albany, County of Albany, State of New York, (a) did engage in a scheme constituting a systematic ongoing course of conduct with intent to defraud the state or a political subdivision of the state or a governmental instrumentality within the state or to obtain property from the state or a political subdivision of the state or a governmental instrumentality within the state by false or fraudulent pretenses, representations or promises and (b) so obtained property with a value in excess of one thousand dollars from such state, political subdivision or governmental instrumentality, to wit: at the aforesaid date, time and place, the defendant, a public servant, obtained services with a value in excess of one thousand dollars for personal use from the State of New York by using state employees under her supervision and control for her personal purposes while such state employees were being paid by the State of New York for regular and overtime hours during the time they were directed by the defendant to perform such personal services for her.
(Continued on Page 2) ____________________________________ LINDA M. GRIGGS Assistant District Attorney
SUPREME COURT - COUNTY OF ALBANY
FILE NO. 902818
________________________________________________ THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SECOND COUNT: Offering a False Instrument For Filing in the First Degree, in violation of Section 175.35 of the Penal Law of the State of New York, a Class E Felony, in that the defendant, on or about the 10th day of December, 2004, at the New York State Department of Health, in the City of Albany, County of Albany, State of New York, did, knowing that a written instrument contains a false statement or false information and with intent to defraud the State or any political subdivision thereof, offer or present it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation, to wit: at the aforesaid date, time and place, the defendant did knowingly cause to be offered or presented a written instrument containing a false statement or false information consisting of a Taxable Value of Personal use of Employer Provided Vehicle form to the New York State Department of Health Operations Management Group, with the intent to defraud the State of New York by failing to accurately record “Chauffeur Amount” with the knowledge or belief that such instrument would be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation. (Continued on Page 3) ____________________________________ LINDA M. GRIGGS Assistant District Attorney
2
SUPREME COURT - COUNTY OF ALBANY
FILE NO. 902818
________________________________________________ THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: THIRD COUNT: Offering a False Instrument For Filing in the First Degree, in violation of Section 175.35 of the Penal Law of the State of New York, a Class E Felony, in that the defendant, on or about the 9th day of January, 2006, at the New York State Department of Health, in the City of Albany, County of Albany, State of New York, did, knowing that a written instrument contains a false statement or false information and with intent to defraud the State or any political subdivision thereof, offer or present it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation, to wit: at the aforesaid date, time and place, the defendant did knowingly cause to be offered or presented a written instrument containing a false statement or false information consisting of a Taxable Value of Personal use of Employer Provided Vehicle form to the New York State Department of Health Operations Management Group, with the intent to defraud the State of New York by failing to accurately record “Chauffeur Amount” with the knowledge or belief that such instrument would be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation. (Continued on Page 4) ____________________________________ LINDA M. GRIGGS Assistant District Attorney
3
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FOURTH COUNT: Offering a False Instrument For Filing in the First Degree, in violation of Section 175.35 of the Penal Law of the State of New York, a Class E Felony, in that the defendant, on or about the 9th day of December, 2006, at the New York State Department of Health, in the City of Albany, County of Albany, State of New York, did, knowing that a written instrument contains a false statement or false information and with intent to defraud the State or any political subdivision thereof, offer or present it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation, to wit: at the aforesaid date, time and place, the defendant did knowingly cause to be offered or presented a written instrument containing a false statement or false information consisting of a Taxable Value of Personal use of Employer Provided Vehicle form to the New York State Department of Health Operations Management Group, with the intent to defraud the State of New York by failing to accurately record “Chauffeur Amount” with the knowledge or belief that such instrument would be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 5)
4
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FIFTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 11:00 a.m. and 9:00 p.m. on or about the 31st day of January, 2004, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 6)
5
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SIXTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 11:00 a.m. and 9:00 p.m. on or about the 21st day of February, 2004, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 7)
6
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SEVENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 3:00 p.m. and 11:00 p.m. on or about the 11th day of December, 2004, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 8)
7
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: EIGHTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 9:00 p.m. on or about the 15th day of January, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 9)
8
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: NINTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 9:00 p.m. on or about the 9th day of April, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 10)
9
SUPREME COURT - COUNTY OF ALBANY
FILE NO. 902818
________________________________________________ THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: TENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 6:00 p.m. on or about the 30th day of April, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 11)
10
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: ELEVENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 2:00 p.m. and 8:00 p.m. on or about the 14th day of May, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 12)
11
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: TWELFTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 8:00 p.m. on or about the 4th day of July, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 13)
12
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: THIRTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 9:00 p.m. on or about the 6th day of November, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 14)
13
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FOURTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 6:00 p.m. on or about the 20th day of November, 2005, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 15)
14
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: FIFTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 12:00 p.m. and 7:00 p.m. on or about the 4th day of June, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 16)
15
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SIXTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 p.m. and 11:00 p.m. on or about the 8th day of July, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 17)
16
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: SEVENTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 10:00 a.m. and 10:00 p.m. on or about the 11th day of July, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 18)
17
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: EIGHTEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 a.m. and 11:00 a.m. on or about the 23rd day of July, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 19)
18
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: NINETEENTH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 8:30 a.m. and 10:00 p.m. on or about the 21st day of December, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney (Continued on Page 20)
19
SUPREME COURT - COUNTY OF ALBANY ________________________________________________
FILE NO. 902818
THE PEOPLE OF THE STATE OF NEW YORK
APRIL 29, 2009 APRIL TERM
-againstANTONIA NOVELLO, Defendant. ________________________________________________ The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: TWENTIETH COUNT: Theft of Services, in violation of Section 165.15(10) of the Penal Law of the State of New York, a Class A Misdemeanor, in that the defendant, at or between 1:00 a.m. and 11:00 a.m. on or about the 25th day of December, 2006, at the New York State Department of Health, in the City and County of Albany, State of New York, obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that she is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for herself or a third person, did use or divert to the use of herself or a third person such labor, equipment or services, to wit: on the aforesaid date, time and place, the defendant did use a security assistant in the employ of the State of New York to drive her for personal purposes, knowing that she was not entitled to the use thereof, thereby deriving a substantial benefit for herself or another.
____________________________________ LINDA M. GRIGGS Assistant District Attorney
20
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