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PEOPLE v. MIDDLETON

54 N.Y.2d 474 (1981)

The People of the State of New York, Respondent, v. Leroy Middleton, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1981.

Attorney(s) appearing for the Case

Brent K. Olsson and William E. Hellerstein for appellant.

John J. Santucci, District Attorney (Barry A. Schwartz and Deborah Carlin Stevens of counsel), for respondent.

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

MEYER, J.

A defendant who requests counsel after his arrest but then without provocation seeks to buy his way out by offering a bribe to the arresting officer may be questioned by the officer as to anything legitimately related to the bribe offer that would be asked by an officer intending to accept such an offer. Admission in evidence of such a bribe offer, of any...

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