Legal Opinion · Dissent

People v. Ohrenstein

New York Court of Appeals

Decided November 27, 1990Published

1DissentSimons, J.

I agree with the majority *55that the counts of the indictment founded on defendants’ use of their regular employees for political activities in addition to legislative duties must be dismissed (Categories 1 and 2). I also agree that the counts of the indictment charging defendants with certifying the salary of four "no-shows”, persons placed on the legislative payroll who performed no duties, should stand (Category 4). I disagree, however, with the dismissal of the charges alleging that defendants unlawfully authorized payment from State funds to persons whose only duties consisted of working…

2Cases cited22 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Hutchinson v. ProxmireSupreme Court of the United States · 1979
  3. Gilligan v. MorganSupreme Court of the United States · 1973
  4. United States v. BrewsterSupreme Court of the United States · 1972
  5. Stanson v. MottCalifornia Supreme Court · 1976

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