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PEOPLE v. MIDDLETON

No. 24.

35 N.Y.3d 952 (2020)

2020 NY Slip Op 02530

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNA MIDDLETON, Appellant.

Court of Appeals of New York.

Decided April 30, 2020.

Attorney(s) appearing for the Case

Brafman & Associates, P.C., New York City ( Mark M. Baker and Stuart Gold of counsel), for appellant.

New York Prosecutors Training Institute, Inc., Albany ( Lauren D. Konsul and Wendy Evans Lehmann of counsel), and J. Anthony Jordan , District Attorney, Fort Edward, for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of County Court should be affirmed.

Defendant was charged by information with one count of official misconduct pursuant to Penal Law § 195.00. As relevant here, that statute provides that a public servant is guilty of official misconduct when, "with intent to obtain a benefit or deprive another person of a benefit[, the public servant] commits an act relating to [the public servant's] office but constituting...

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