People v. Arcadi

Judgment unanimously reversed, on the law, and *846indictment dismissed. Memorandum: Defendant was convicted, after a jury trial, of criminal facilitation in the second degree, a misdemeanor. The indictment accused him of intentionally aiding Richard Mancuso, an Erie County Assistant District Attorney, to commit the crime of bribe receiving in the second degree. The evidence, however, reveals that defendant had no contact with Mancuso until after the crime of bribe receiving, had been consummated. Since defendant did not provide Mancuso with either the “means or opportunity” to receive a bribe,…