Legal Opinion
People v. Harper
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1988PublishedCited by 11 opinions
1Opinion of the Court
— Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The corpus delicti of the crime of bribe receiving by a witness is not the payment of money, " ’but the agreement or understanding under which it was given; the intent * * * in making the payment’ ” (People v Insogna, 28 AD2d 771, 773). ’’While criminal intent will be presumed from the commission of an act in its nature unlawful, the act itself being evidence of the intent, it is also true that when an act becomes criminal only through the existence of a specific intent such intent must be proved” (People v…
2Cases cited3 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. KathanAppellate Division of the Supreme Court of the State of New York · 1910
- People v. InsognaAppellate Division of the Supreme Court of the State of New York · 1967
3Cited by11 opinions
- People v. SloanAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. KaseNew York Supreme Court · 1989
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 1989
- People v. OmaroAppellate Division of the Supreme Court of the State of New York · 1993
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