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PEOPLE v. KANEFSKY

50 N.Y.2d 162 (1980)

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

Court of Appeals of the State of New York.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (James D. Veach and Jerrold L. Neugarten of counsel), for appellant.

Richard G. Handler for respondent.

Chief Judge COOKE and Judges GABRIELLI and MEYER concur with Judge JASEN; Judges JONES, WACHTLER and FUCHSBERG dissent and vote to affirm for reasons stated in the opinion by Mr. Justice THEODORE R. KUPFERMAN at the Appellate Division ().

JASEN, J.

Defendant Bernard Kanefsky was convicted, after a jury trial, of one count of receiving unlawful gratuities. (Penal Law, § 200.35.) After rendition of the verdict, defendant moved, pursuant to CPL 330.30 (subd 1), to set aside such verdict, arguing, inter alia, that a small pocket appointment book kept by one Roberto, an individual co-operating...

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