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New York State Appellate Division Second Department Reverses Unlicensed Practice of Dentistry Conviction

The Appellate Division, Second Department, of the New York State Supreme Court, has issued a decision, People v. Hollander, reversing the conviction of Alexander Hollander for the unlicensed practice of dentistry.  The case rests on the jury having been unduly prejudiced by evidence that Hollander had previously surrendered his dental license based on charges of fraudulent practice.  The judge’s instructions to the jury and the evidence of the license surrender were not limited to showing that Hollander was unlicensed, and the Appellate Division found that the references to fraud were unrelated to the fact of not being licensed and unduly prejudiced the jury against Hollander.  Thus, the conviction is reversed and a new trial ordered.  To read the court opinion in People v. Hollander, use the link below.