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People v. Fiegoli

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2003
2 A.D.3d 276 (N.Y. App. Div. 2003)

Opinion

2519.

Decided December 18, 2003.

Judgment, Supreme Court, New York County (William Wetzel, J.), rendered January 30, 1997, convicting defendant, after a nonjury trial, of conspiracy in the fifth degree (two counts), bribing a labor official (two counts) and knowingly participating in a specific prohibited financial interest and transaction in violation of Labor Law § 723(1)(d), § 724 and § 725(4), and sentencing him to 5 years probation with an aggregate fine of $6,500 and 200 hours of community service, unanimously affirmed.

Patrick J. Hynes, for Respondent.

Kevin Casey, for Defendant-Appellant.

Before: Mazzarelli, J.P., Saxe, Lerner, Marlow, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility ( see People v. Gaimari, 176 N.Y. 84, 94). The credible evidence, along with reasonable inferences that may be drawn therefrom, established each element of the crimes of which defendant was convicted, and also established that defendant's conduct was voluntary and was not the product of extortion or coercion ( see Penal Law § 180.20). We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Fiegoli

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2003
2 A.D.3d 276 (N.Y. App. Div. 2003)
Case details for

People v. Fiegoli

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH FIEGOLI…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 18, 2003

Citations

2 A.D.3d 276 (N.Y. App. Div. 2003)
768 N.Y.S.2d 592

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