People v. Seligman

Memorandum. The judgments appealed from should be modified by reversing the convictions for bribery. Defendants were not amenable to prosecution under section 374 of the old Penal Law. They were neither public servants nor serving in a judicial capacity as contemplated by the statute. However, the convictions for conspiracy need not be reversed. If an indictment charges conspiracy to commit a crime and refers to several separate offenses as purposes of the conspiracy, a conviction may rest on proof of an agreement to commit any one of the offenses without proof of an agreement to commit the…