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PEOPLE v. KUSS

36 A.D.2d 306 (1971)

The People of the State of New York, Respondent, v. Donald J. Kuss and Walter Maclyn Conlon, Appellants

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

April 19, 1971.

Attorney(s) appearing for the Case

Kenneth K. Rohl (Daniel Kirchman of counsel), for Walter Maclyn Conlon, appellant.

Bracken & Sutter (John Joseph Sutter of counsel), for Donald J. Kuss, appellant.

George J. Aspland, District Attorney (Maurice Nadjari and Carl Spitznagel, Jr., of counsel), for respondent.

SHAPIRO, BRENNAN and BENJAMIN, JJ., concur in Per Curiam opinion. LATHAM, Acting P. J., concurs in affirmance of the judgment against defendant Kuss, but otherwise dissents and votes to reverse the judgment against defendant Conlon and to dismiss the indictment as against him or, in any event, to order a new trial with respect to him.

Per Curiam.

The defendants, Kuss and Conlon, have been convicted of taking unlawful fees, in violation of section 1826 of the former Penal Law, which prohibited the taking of fees by a public officer for doing an official act. Kuss was a Councilman of the Town of Islip when he allegedly violated the statute. Conlon, an attorney but not a public officer, allegedly aided and abetted Kuss. The act involved was Kuss' introduction...

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