Summary
giving an unlawful gratuity which is rewarding official conduct already performed (Penal Law, § 200.30), not lesser included of bribery the gist of which is the effort to influence an official act yet to be performed (Penal Law § 200.00)
Summary of this case from People v. GreenOpinion
Argued March 22, 1978
Decided April 25, 1978
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THEODORE S. KASLER, J.
Edward C. Cosgrove, District Attorney (Judith Blake Manzella of counsel), for appellant.
Joseph V. Sedita and Louis A. Haremski for respondent.
Order affirmed on the opinion of Mr. Justice G. ROBERT WITMER at the Appellate Division ( 57 A.D.2d 478).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.