The People of the State of New York, Appellant,
v.
Manfred Ohrenstein, Howard Babbush, Francis Sanzillo and Joseph Montalto, Respondents.
In the Matter of Manfred Ohrenstein et al., Respondents-Appellants,
v.
Robert M. Morgenthau, as District Attorney, New York County, et al., Appellants-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 5, 1990.
Decided November 27, 1990.
Attorney(s) appearing for the Case
Robert M. Morgenth, District Attorney (Michael G. Cherkasky, Mark Dwyer, Daniel J. Castleman and Joseph J. Dawson of counsel), for appellant in the first above-entitled action and for Robert M. Morgenthau, appellant-respondent, pro se, and others, appellants-respondents in the second above-entitled proceeding.
Jack S. Hoffinger, Martin B. Adelman, James A. Pascarella, Leon B. Polsky, Mark W. Geisler, Stephen L. Weiner and Barry Bohrer for respondents in the first above-entitled action and respondents-appellants in the second above-entitled proceeding.
Edward N. Costikyan, Steven E. Landers, Robert Ernst, Paul J. Curran and Thomas F. Ford for New York State Legislature, amicus curiae.
Arthur Eisenberg and Michael Arthur Simon for the New York Civil Liberties Union, amicus curiae.
Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur with Chief Judge WACHTLER; Judge SIMONS dissents in part and votes to modify in a separate opinion.
Court of Appeals of the State of New York.
Chief Judge WACHTLER.
The primary question on this appeal is whether the Minority Leader of the State Senate may be prosecuted criminally for having assigned employees of his Senate staff, largely during the year 1986, to work on political campaigns for members of his party seeking election or reelection to the Senate. The case also presents the question whether defendants...
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