PEOPLE v. HARPER


75 N.Y.2d 313 (1990)

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

Court of Appeals of the State of New York.

Decided February 20, 1990.


Attorney(s) appearing for the Case

Kevin M. Dillon, District Attorney (J. Michael Marion, Lisa Bloch Rodwin and John J. DeFranks of counsel), for appellant.

Timothy L. Foley for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.


TITONE, J.

The People appeal from an order of the Appellate Division which reversed a judgment entered on a jury verdict finding defendant guilty of bribe receiving by a witness (Penal Law § 215.05). The issue before us is whether an unlawful agreement to alter one's testimony or avoid appearing at an action or proceeding may fairly be inferred from a "release" agreement in which one party agrees to "drop...

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