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PEOPLE v. ARCADI

54 N.Y.2d 981 (1981)

The People of the State of New York, Appellant, v. James V. Arcadi, Respondent.

Court of Appeals of the State of New York.

Decided October 27, 1981.

Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for appellant.

Thomas C. D'Agostino for respondent.

Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and MEYER. Judge FUCHSBERG dissents and votes to reverse in an opinion in which Judge JASEN concurs.

Order affirmed for the reasons stated in the memorandum at the Appellate Division (79 A.D.2d 845).

FUCHSBERG, J. (dissenting).

The facts in this case speak for themselves.

An Assistant District Attorney undertook to influence the outcome of a pending burglary prosecution. In return for his efforts, he was first promised an initial payment of $6,500 in cash and later an additional $1,500, the latter solicited...

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