People v. Babbush

OPINION OF THE COURT

Harold J. Rothwax, J.

The defendant herein is, and was at the time of indictment, a member of the New York State Senate from the 17th Senate District in Brooklyn. The defendant was initially charged with being part of a conspiracy to unlawfully employ the State Senate payroll to compensate campaign workers. These charges were dismissed by the Court of Appeals on grounds of lack of notice that such conduct would constitute the crime of larceny. (People v Ohrenstein, 77 NY2d 38, 52.) The defendant seeks to reargue the issue of sufficiency of the evidence before the Grand Jury…