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PEOPLE v. LA CARRUBBA

46 N.Y.2d 658 (1979)

The People of the State of New York, Respondent, v. Gioanna La Carrubba, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1979.

Attorney(s) appearing for the Case

James M. Catterson, Jr., and Richard T. Nolan for appellant.

Patrick Henry, District Attorney (Mark D. Cohen of counsel), for respondent.

Judges GABRIELLI, WACHTLER and FUCHSBERG concur with Judge JONES; Judge JASEN dissents and votes to affirm in a separate opinion in which Chief Judge COOKE concurs.

JONES, J.

An indictment charging a Judge with official misconduct under subdivision 2 of section 195.00 of the Penal Law is insufficient, and accordingly should have been dismissed on timely application, where that indictment, for the purpose of defining the duty "clearly inherent in the nature of his office" which allegedly was violated, only incorporates by reference...

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