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PEOPLE v. GARSON

6 N.Y.3d 604 (2006)

848 N.E.2d 1264

815 N.Y.S.2d 887

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GERALD GARSON, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 2006.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove, Seth M. Lieberman and Victor Barall of counsel), for appellant.

White & White, New York City (Diarmuid White and Brendan White of counsel), and Ronald P. Fischetti for respondent.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur with Judge CIPARICK; Judge G.B. SMITH dissents in part and votes to affirm in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

We are asked to decide whether evidence presented to a grand jury that a judge accepted a benefit for violation of his duty as a public servant, as defined by the Rules of Judicial Conduct (22 NYCRR part 100), is legally sufficient to support six counts of receiving reward for official misconduct in the second degree (Penal Law § 200.25). We hold that the People's reliance...

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