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  5. 64 A.D.2d 401 (1978)
 

PEOPLE v. KANEFSKY

64 A.D.2d 401 (1978)

The People of the State of New York, Respondent, v. Bernard Kanefsky, Appellant

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

November 2, 1978

Attorney(s) appearing for the Case

Richard G. Handler of counsel (Reuss & Ruchala, attorneys), for appellant.

James D. Veach of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

MURPHY, P. J., and YESAWICH, J., concur with KUPFERMAN, J.; LUPIANO and SULLIVAN, JJ., dissent in an opinion by LUPIANO, J.

KUPFERMAN, J.

The defendant Kanefsky, having been indicted and charged with three counts of bribe receiving in the second degree (Penal Law, § 200.10) and one count of receiving unlawful gratuities (Penal Law, § 200.35), after a jury trial was convicted only of receiving unlawful gratuities and was sentenced to pay a $250 fine and to be imprisoned for an intermittent term of six months.

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