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PEOPLE v. CABAN

258 A.D.2d 87 (1999)

696 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES CABAN, Respondent.

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

August 19, 1999.

Attorney(s) appearing for the Case

Stanley R. Kaplan of counsel (Joseph N. Ferdenzi and Mark S. Demarco on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for appellant.

Lauren K. Kluger of counsel (Murray Richman, attorney), for respondent.

WALLACH, LERNER, ANDRIAS and BUCKLEY, JJ., concur.

OPINION OF THE COURT

NARDELLI, J. P.

In the words of Grover Cleveland, "a public office is a public trust." This applies not only to elected officials, but to all who work for the people, including the police.

Must such a public servant who commits extortion be charged with that crime under the same section of the Penal Law with which a civilian would be charged? Or may the District Attorney charge an officer with a separate count of extortion requiring...

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