PEOPLE, res, v. STAN XUHUI LI, def-ap

4678-4679. PEOPLE, res, v. STAN XUHUI LI, def-ap — Belair & Evans LLP, New York (Raymond W. Belair of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for res — Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered December 19, 2014, convicting defendant, after a jury trial, of 2 counts of manslaughter in the second degree, 3 counts of reckless endangerment in the first degree, 3 counts of reckless endangerment in the second degree, 170 counts of criminal sale of a prescription, 1 count of scheme to defraud in the first degree, 2 counts of grand larceny in the third degree, 9 counts of falsifying business records in the first degree, and 8 counts of offering a false instrument for filing in the first degree, and sentencing him to an aggregate term of 10 to 20 years, unanimously affirmed.

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4678-4679. PEOPLE, res, v. STAN XUHUI LI, def-ap — Belair & Evans LLP, New York (Raymond W. Belair of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for res — Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered December 19, 2014, convicting defendant, after a jury trial, of 2 counts of manslaughter in the second degree, 3 counts of reckless endangerment in the first degree, 3 counts of reckless endangerment in the second degree, 170 counts of criminal sale of a prescription, 1 count of scheme to defraud in the first degree, 2 counts of grand larceny in the third degree, 9 counts of falsifying business records in the first degree, and 8 counts of offering a false instrument for filing in the first degree, and sentencing him to an aggregate term of 10 to 20 years, unanimously affirmed.

Defendant was a physician specializing in pain management. In 2004, he opened a pain management clinic in Queens. According to the People, the clinic was nothing more than a “pill mill” catering to people who were hopelessly addicted to pain medicine, primarily opioids. The People’s evidence showed that, despite having been trained in the wide variety of methods for identifying legitimate pain and treating it, defendant engaged in only the most cursory attempts to confirm patients’ complaints, such as asking them where they had pain, and occasionally palpating a purportedly sore area or testing the range of motion of a limb. He rarely ordered diagnostic scans. Moreover, defendant, despite the plethora of options for treating pain, regularly prescribed opioids as a first resort, and not a last resort, which would have been the prudent course given the highly addictive nature of those drugs.

PEOPLE, res, v. STAN XUHUI LI, def-ap

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