New York Court of Appeals

The People of the State of New York, Appellant v. Gerald Garson, Respondent

March 30, 20066 N.Y.3d 604

Summary

The Court of Appeals reinstated six counts of receiving reward for official misconduct in the second degree, holding that evidence of violations of the Rules of Judicial Conduct can satisfy the duty element of Penal Law § 200.25. The Court affirmed the modified order, while a dissent argued that the Rules are not criminal statutes and the evidence was insufficient.