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Prosecutors: Two LI doctors accused of pill prescriptions conspiracy

Marshall Hubsher, 64, of Sands Point, was arrested

Marshall Hubsher, 64, of Sands Point, was arrested on Wednesday, Oct. 30, 2014, and appeared in court Thursday for an arraignment on a conspiracy charge and unauthorized practice of a profession -- all of which are felonies, according to the Nassau County district attorney's office, who said he and another man conspired to sell Xanax and Adderall prescriptions. Credit: Nassau County DA's office

A Long Island doctor who lost his medical license and already was facing trial on a charge of raping a patient in 2012 is now accused of conspiring with a licensed psychiatrist to sell pill prescriptions for cash.

Marshall Hubsher, 64, of Sands Point appeared in a Hempstead court Thursday for an arraignment on a conspiracy charge and five counts of unauthorized practice of a profession -- all of which are felonies.

His alleged co-conspirator, psychiatrist Howard Mahler, 62, of Long Beach, also was arraigned on five felony counts of criminal sale of a prescription for a controlled substance and a felony conspiracy charge.

The Nassau district attorney's office said a Drug Enforcement Administration tactical group, which included local police, on Wednesday arrested Hubsher and Mahler at the Roslyn medical office where authorities claim the two conspired to sell Xanax and Adderall prescriptions.

At least three times, Hubsher, a psychiatrist who kept seeing patients without a license, met patients to ask medical questions and collect cash before patients would see Mahler, authorities said. Then, they said, Mahler would write prescriptions based partly on what patients had told Hubsher.

An undercover detective who posed as a patient even told Hubsher he wanted a higher Adderall dosage so he could sell unused pills and buy oxycodone, authorities said.

Hubsher's attorney, David Schwartz, asked District Court Judge Terence Murphy to release his client on his own recognizance and criticized the government's case.

"The accusatory instrument is completely defective," the lawyer said before adding after court that his client denies all the allegations.

"We're gonna fight every single charge tooth and nail and there will be justice in this case," the Garden City attorney said.

Murphy set Hubsher's bail at $240,000 bond or $120,000 cash, and Mahler's bail at $180,000 bond or $90,000 cash.

Legal Aid attorney Brendan Rigby declined to comment on Mahler's behalf after court.

A woman who identified herself as Mahler's wife called her husband an honest man.

"He would never do anything that they're charging him with and he will be exonerated," she said.

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