People v. Groskin

— Order unanimously affirmed. Memorandum: Defendant, a part-time community services worker employed by the New York State Department of Correction, was indicted for official misconduct (Penal Law § 195.00 [1]). The indictment alleged that defendant "exercised his discretion not to deny a female person known to the Grand Jury, conjugal visits with her husband, who was incarcerated at the Clinton Correctional Facility, Dannemora, New York, in return for this female person providing him with sexual favors”. County Court dismissed the indictment on the ground that defendant’s exercise of…