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PEOPLE v. PALUMBO

65 A.D.2d 443 (1978)

The People of the State of New York, Respondent, v. Michael R. Palumbo, Appellant

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

December 19, 1978

Attorney(s) appearing for the Case

Allen Green of counsel (Bell, Wolkowitz, Beckman, Klee & Green, attorneys), for appellant.

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

EVANS and MARKEWICH, JJ., concur with LUPIANO, J. P.; SULLIVAN, J., dissents in an opinion.

LUPIANO, J. P.

Defendant, who held the position of Director of Leasing for the New York City Real Estate Department, was charged with accepting a $3,000 gratuity from one Haller, a real estate broker. The gratuity was not solicited by defendant and was offered after defendant had properly participated in certain lease negotiations. Apparently the gratuity was given...

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