THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
L. DENNIS KOZLOWSKI, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MARK H. SWARTZ, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 2, 2008.
Decided October 16, 2008.
Attorney(s) appearing for the Case
Martin & Obermaier, LLC, New York City (John S. Martin of counsel), Bryan Cave LLP (James R. DeVita, Austin V. Campriello and Kathryn E. Gebert of counsel), and Stephen E. Kaufman, P.C. (Stephen E. Kaufman and Andrew Kaufman of counsel), for L. Dennis Kozlowski, appellant.
Stillman, Friedman & Shechtman, P.C., New York City (Nathaniel Z. Marmur and Michael J. Grudberg of counsel), for Mark H. Swartz, appellant.
Robert M. Morgenthau, District Attorney, New York City (Amyjane Rettew and Gina Mignola of counsel), for respondent.
Cohen & Gressler LLP, New York City (Mark S. Cohen and Marc E. Isserles of counsel), for New York Council of Defense Lawyers, amicus curiae.
Skadden, Arps, Slate, Meagher & Flom, LLP, New York City (Preeta D. Bansal of counsel), Susan Hackett, General Counsel, Association of Corporate Counsel, Washington, DC, Skadden, Arps, Slate, Meagher & Flom, LLP (Clifford M. Sloan, Amy R. Sabrin and Darren M. Welch, of the District of Columbia bar, admitted pro hac vice, of counsel), and Stephen Gillers, New York City, for Association of Corporate Counsel, amicus curiae.
Court of Appeals of the State of New York.
OPINION OF THE COURT
CIPARICK, J.
In this appeal relating to the convictions of two former executives for crimes associated with corporate wrongdoing, we are asked to determine whether the admission of an attorney's testimony concerning certain facts related to a corporate internal investigation improperly conveyed to the jury an opinion regarding defendants' guilt. We conclude that this testimony—and the...
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