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PEOPLE v. GRAHAM

57 A.D.2d 478 (1977)

The People of the State of New York, Respondent, v. William Graham, Appellant

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

June 3, 1977

Attorney(s) appearing for the Case

Condon & Sedita, P. C. (Joseph Sedita of counsel), for appellant.

Edward C. Cosgrove, District Attorney (Judith Blake Manzella of counsel), for respondent.

MARSH, P. J., and GOLDMAN, J., concur with WITMER, J.; MOULE and SIMONS, JJ., dissent in part and vote to reverse the judgment and grant a new trial in an opinion by SIMONS, J.

WITMER, J.

The indictment of defendant charged him with bribery in the second degree and obstructing governmental administration. The court instructed the jury that they could find him guilty of giving unlawful gratuities as a lesser included offense of bribery in the second degree, and the jury convicted him thereof but found him not guilty of the two charges in the indictment. Although there was evidence on...

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