Former New York state Health Commissioner pleaded guilty to felony, no jail time

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June 26, 2009 The Albany County Court made a plea deal with former state Health Commissioner Antonia Novello, she pleaded guilty to felony and avoided jail time.[1]

[edit] Indictment

The 20-count indictment that the court charged to Novello, a former U.S. surgeon general, involved using state workers to run errands, to taker on shopping sprees, and to act as servants in her home, New York Daily News reports.[1]

Albany District Attorney David Soares negotiated the plea bargain, resulting in pleading guilty to one count of a felony for offering a false instrument for filing.

Her formal sentencing was to be August 14, but the plea bargain requires she pay the state $22,500 in restitution. Novello must also complete 250 hours of community service at an Albany health clinic and pay a $5,000 fine. Noncompliance will result in up to four years in prison, but Novello can keep her medical license at this point.

The former Health Commissioner didn't speak to reporters Friday, but her lawyer, E. Stewart Jones, said that he still believed the matter should never have been in court, the New York Daily News reports.[1]

[edit] Criminal charge

Novella, now working at Disney Children's Hospital in Orlando, filed falsified documents with the Health Department, failing to disclose that she was using a state driver to do her personal business.

State Inspector General Joseph Fisch referred the case Soares' office because he found her to be abusing staffers, ordering them to take her shopping and pick up her dry cleaning. The report calculated that all of the personal work resulted in 2,500 hours of overtime, costing the state $48,000.

"We're very supportive of her," said a spokeswoman for the Disney Children's Hospital. "We've got to take this under advisement."[1]

In order to deal with the court proceedings, Novello has been on a leave of absence.

Soares to recently sent a letter to state leaders asking for a change in the state larceny law that he says would make it easier to send corrupt public officials to prison.

Soares wrote that it is easier to imprison someone for stealing office supplies than someone who misuses state employees for personal reasons, the New York Daily News reports.[1]

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