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People v. Ioppolo

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1974
45 A.D.2d 745 (N.Y. App. Div. 1974)

Opinion

June 17, 1974


Appeal by the People from an order of the Supreme Court, Nassau County, dated June 21, 1973, which granted defendant's motion to dismiss the indictment. Order affirmed. The evidence before the Grand Jury was legally insufficient. Both sections 195.00 Penal and 200.10 Penal of the Penal Law require proof of a "benefit" to a defendant. A "benefit" is defined in subdivision 17 of section 10.00 Penal of the Penal Law as "any gain or advantage to * * * a third person pursuant to the desire or consent of the beneficiary". There was no testimony before the Grand Jury as to this requirement. Martuscello, Acting P.J., Latham, Shapiro, Cohalan and Brennan, JJ., concur.


Summaries of

People v. Ioppolo

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1974
45 A.D.2d 745 (N.Y. App. Div. 1974)
Case details for

People v. Ioppolo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANK A. IOPPOLO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 17, 1974

Citations

45 A.D.2d 745 (N.Y. App. Div. 1974)

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