People v. Brody
New York Court of Appeals
I. The payments alleged in the indictment were not made for the performance or omission of an official act nor were they made to a public officer: hence they did not constitute crimes. (People v. McKane, 143 N. Y. 455.) II. The trial court committed reversible error in instructing the jury that the receipt of the moneys by the shipping business owner consummated the commission of the crime. (People v. Katz, 290 N. Y. 361; People v. Waller, 198 N. Y. 329.) III.
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I. The payments alleged in the indictment were not made for the performance or omission of an official act nor were they made to a public officer: hence they did not constitute crimes. (People v. McKane, 143 N. Y. 455.) II. The trial court committed reversible error in instructing the jury that the receipt of the moneys by the shipping business owner consummated the commission of the crime. (People v. Katz, 290 N. Y. 361; People v. Waller, 198 N. Y. 329.) III. The evidence was insufficient as a matter of law to establish guilt beyond a reasonable doubt. (People v. Weiss, 290 N. Y. 160; People…
1Opinion of the CourtDesmoNd, J.
Appellant Brody, during the times covered by this indictment, was deputy commissioner of the New York City Department of Marine and Aviation. Appellant Auditore, a friend of Brody, was the owner of two corporations engaged in the shipping business in New York City. Both appellants were convicted of the crime of conspiring (Penal Law, § 580) to ask and receive, on behalf of Brody, illegal fees for the granting by Brody’s city department, of permits for the berthing of ships at city piers. Both were convicted, also, of fifteen other alleged crimes, each consisting of the receipt of an unlawful…
2Cases cited14 opinions
- People v. . McKaneNew York Court of Appeals · 1894
- People v. LucianoNew York Court of Appeals · 1938
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- People v. MullensNew York Court of Appeals · 1944
- People v. ClougherNew York Court of Appeals · 1927
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3Cited by4 opinions
- People v. EnfeldNew York Supreme Court · 1987
- People v. SadaccaNew York Supreme Court · 1985
- People v. KussAppellate Division of the Supreme Court of the State of New York · 1971
- People v. KussAppellate Division of the Supreme Court of the State of New York · 1971