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PEOPLE v. HARPER

145 A.D.2d 933 (1988)

The People of the State of New York, Respondent, v. Montey Harper, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1988

Judgment unanimously reversed on the law and indictment dismissed.

Memorandum:

The corpus delicti of the crime of bribe receiving by a witness is not the payment of money, "`but the agreement or understanding under which it was given; the intent * * * in making the payment'" (People v Insogna, 28 A.D.2d 771, 773). "While criminal intent will be presumed from the commission of an act in its nature unlawful, the act...

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