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PEOPLE v. CILENTO

1 A.D.2d 206 (1956)

The People of the State of New York, Appellant, v. Sol Cilento, George Scalise and Anthony Carfano, Alias Augie Pisano, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 1956.

Attorney(s) appearing for the Case

Richard G. Denzer of counsel (Sidney M. Fruhling with him on the brief; Frank S. Hogan, District Attorney), for appellant.

Myron J. Greene of counsel (Louis A. Valente, attorney), for Sol Cilento, respondent.

Jacob Shientag of counsel (Abraham Brodsky, attorney), for George Scalise, respondent.

Francis B. Delehanty, Jr., of counsel (Harold H. Corbin with him on the brief; Corbin, Bennett & Delehanty, attorneys), for Anthony Carfano, respondent.

COX and FRANK, JJ., concur with RABIN, J.; BASTOW, J., dissents and votes to reverse in opinion in which PECK, P. J., concurs.

RABIN, J.

Defendants were indicted for bribing a labor representative (Penal Law, § 380), and conspiracy in connection therewith (Penal Law, § 580). The former section prohibits a representative of a labor organization taking a bribe for the purpose of influencing his "acts, decisions, or other duties as such [union] representative". The pertinent portion of that section (subd. 2) provides: "Any duly...

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