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.