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PEOPLE v. RYAN

38 A.D.2d 50 (1971)

The People of the State of New York, Respondent, v. John J. Ryan, Appellant

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

December 23, 1971.

Attorney(s) appearing for the Case

Irving Anolik of counsel (Lotwin, Kantrowitz, Goldman & Gutin, attorneys), for appellant.

David L. Levinson of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

NUNEZ and TILZER, JJ., concur with McGIVERN, J. P.; STEUER, J., dissents in an opinion, in which KUPFERMAN, J., concurs.

McGIVERN, J. P.

The defendant, a discharged New York City policeman, had pleaded guilty to section 195.05 of the Penal Law (obstructing governmental administration), as a class A misdemeanor, the maximum penalty of which is one year. The charge arose out of the defendant's offering a sum of money to a New York State police officer for considerate testimony by the latter in the Federal court, in a case involving a friend of the defendant. The evidence...

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