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People v. Maryland

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 624 (N.Y. App. Div. 1985)

Opinion

December 16, 1985

Appeal from the Supreme Court, Westchester County (Wood, J.).


Judgment affirmed.

The evidence at trial clearly proved that defendant made an offer of money to the correction officers who had caught him receiving contraband, in exchange for their not pressing charges against him and his girlfriend. The essential elements of bribery were thus established (Penal Law § 200.00; see, People v Graham, 57 A.D.2d 478, 482, affd 44 N.Y.2d 768; People v Brown, 48 A.D.2d 95, 96, affd 40 N.Y.2d 381, cert. denied sub nom. New York v Brown, 433 U.S. 913; cf. People v Charles, 61 N.Y.2d 321, 326; People v Harvey, 235 N.Y. 282, 287). Defendant's contention that the officers were obligated to further investigate the bribe offer is without merit. Efforts by law enforcement officials to either elicit and record on tape subsequent offers, or to arrange a passing of money, while helpful to the fact-finding process, are not required to prove bribery (see, People v Harvey, supra, p. 287). Mangano, J.P., Rubin, Eiber and Kooper, JJ., concur.


Summaries of

People v. Maryland

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 624 (N.Y. App. Div. 1985)
Case details for

People v. Maryland

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLTON MARYLAND…

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

Date published: Dec 16, 1985

Citations

115 A.D.2d 624 (N.Y. App. Div. 1985)