Order affirmed.
The evidence before the Grand Jury was legally insufficient. Both sections 195.00 and 200.10 of the Penal Law require proof of a "benefit" to a defendant. A "benefit" is defined in subdivision 17 of section 10.00 of the Penal Law as "any gain or advantage to * * * a third person pursuant to the desire or consent of the beneficiary". There was no testimony before the Grand Jury as to this...
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