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People v. Forsyth

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1008 (N.Y. App. Div. 1985)

Opinion

August 12, 1985

Appeal from the Supreme Court, Queens County (Tsoucalas, J.).


Judgment affirmed.

Since defendant failed to timely submit a written motion to dismiss the indictment on the ground that his right to a speedy trial was violated, the motion was properly denied ( see, CPL 30.20, 30.30 Crim. Proc., 210.20 Crim. Proc. [2], 210.45 [1]; People v. Fanelli, 92 A.D.2d 573; People v. Warren, 81 A.D.2d 872). However, this error on the part of defendant's attorney did not, in and of itself, deprive defendant of meaningful representation ( cf. People v. Wagner, 104 A.D.2d 457; People v. Morris, 100 A.D.2d 630, affd 64 N.Y.2d 803; People v. Bonk, 83 A.D.2d 695).

Furthermore, in order to support a conviction for bribery in the second degree, the People need not prove that the accused was aware that the person whom he sought to influence was a public servant ( see, Penal Law § 200.00; cf. People v. Graham, 57 A.D.2d 478, affd 44 N.Y.2d 768).

We have considered defendant's remaining contention and find it to be without merit. Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.


Summaries of

People v. Forsyth

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1008 (N.Y. App. Div. 1985)
Case details for

People v. Forsyth

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN FORSYTH…

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

Date published: Aug 12, 1985

Citations

112 A.D.2d 1008 (N.Y. App. Div. 1985)

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