People v. Forsyth

Appellate Division of the Supreme Court of New York

People v. Forsyth

112 A.D.2d 1008, 492 N.Y.S.2d 816, 1985 N.Y. App. Div. LEXIS 52218

Appellate Division of the Supreme Court of the State of New York·Decided August 12, 1985·Published·Cited by 2 cases

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County (Tsoucalas, J.), rendered March 18, 1981, convicting him of bribery in the second degree, upon a jury verdict, and imposing sentence.

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, 210.20 [2], 210.45 [1]; People v Fanelli, 92 AD2d 573; People v Warren, 81 AD2d 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 AD2d 457; People v Morris, 100 AD2d 630, affd 64 NY2d 803; People v Bonk, 83 AD2d 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 AD2d 478, affd 44 NY2d 768).

[1009] We have considered defendant’s remaining contention and find it to be without merit. Mangano, J. P., Brown, O’Connor and Weinstein, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County (Tsoucalas, J.), rendered March 18, 1981, convicting him of bribery in the second degree, upon a jury verdict, and imposing sentence.

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, 210.20 [2], 210.45 [1]; People v Fanelli, 92 AD2d 573; People v Warren, 81 AD2d 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 AD2d 457; People v Morris, 100 AD2d 630, affd 64 NY2d 803; People v Bonk, 83 AD2d 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 AD2d 478, affd 44 NY2d 768).

[1009] We have considered defendant’s remaining contention and find it to be without merit. Mangano, J. P., Brown, O’Connor and Weinstein, JJ., concur.

People v. Forsyth, 112 A.D.2d 1008, 492 N.Y.S.2d 816, 1985 N.Y. App. Div. LEXIS 52218 (N.Y. Ct. App. 1985).

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Opinion

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