PEOPLE v. MORENO

8457, 8458, 1471/11.

100 A.D.3d 435 (2012)

953 N.Y.S.2d 204

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH MORENO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN MATA, Appellant.

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

November 8, 2012.


We find that the verdict was based on legally sufficient evidence. We further find that it was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]).

To establish the crime of official misconduct, the People had to prove that each defendant committed an act "relating to his office" that constituted an "unauthorized exercise of his official functions," that he knew the act was unauthorized...

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