The People of the State of New York v. Bac Tran

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed both bribery counts, holding that the statute requires proof of an "understanding" that the public servant will be influenced, not merely intent, and that the State failed to establish a prima facie conspiracy to admit coconspirator hearsay. The Court reasoned that the legislative history shows a substantive change to the mental‑state requirement and that no evidence of the required understanding was presented. A dissent argued that intent to influence is sufficient and would have affirmed the first count.