Judgment modified and, as modified, affirmed, in accordance with the following memorandum: Defendant was convicted after a trial before the court without a jury of receiving unlawful gratuities (Penal Law, § 200.35) and of a violation of subdivision 5 of section 73 of the Public Officers Law which makes it a misdemeanor for a public official to accept a gift having a value greater than $25 "under circumstances in
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