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PEOPLE v. BURKE

82 Misc.2d 1005 (1975)

The People of the State of New York, Plaintiff, v. John Burke, Defendant.

Supreme Court, Trial Term, New York County.

June 24, 1975

Attorney(s) appearing for the Case

Meyer, English & Cianciulli (M. Kathryn Meng of counsel), for defendant. Robert M. Morgenthau, District Attorney (Franklyn H. Snitow of counsel), for plaintiff.

BURTON B. ROBERTS, J.

Defendant, John Burke, moves to dismiss this indictment, which charges him with a violation of subdivision 3 of section 448 of the Election Law. This subdivision provides as follows:

"§ 448. Corrupt use of position or authority "Any person who: * * * "3. Makes, tenders or offers to procure, or cause any nomination or appointment for any public office or...

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