People v. Graham

Decision Date25 April 1978
CitationPeople v. Graham, 406 N.Y.S.2d 36, 44 N.Y.2d 768 (N.Y. 1978)
Parties, 377 N.E.2d 480 The PEOPLE of the State of New York, Appellant, v. William GRAHAM, Respondent.
CourtNew York Court of Appeals Court of Appeals

Order affirmed on the opinion of Mr. Justice G. Robert Witmer at the Appellate Division (57 A.D.2d 478, 394 N.Y.S.2d 982).

All concur.

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14 cases
  • People v. Potenza
    • United States
    • New York Supreme Court — Appellate Division
    • February 28, 1983
    ...13 N.Y.2d 97, 101 [242 N.Y.S.2d 200, 192 N.E.2d 160] )" (People v. Graham, 57 A.D.2d 478, 482, 394 N.Y.S.2d 982, affd. 44 N.Y.2d 768, 406 N.Y.S.2d 36, 377 N.E.2d 480). The evidence, we find, meets this There is little difference between the testimony of Mancuso and defendant with respect to......
  • People v. Ludolph
    • United States
    • New York Supreme Court — Appellate Division
    • July 13, 1978
    ...with respect to the former, a 'lesser included offense.' " In People v. Graham, 57 A.D.2d 478, 394 N.Y.S.2d 982, aff'd 44 N.Y.2d 768, 406 N.Y.S.2d 36, 377 N.E.2d 480, decided April 25, 1978, Justice Witmer summarized the principles applicable to a determination of whether an offense is a "l......
  • People v. Green
    • United States
    • New York Court of Appeals Court of Appeals
    • June 23, 1982
    ...or fact not required by the greater, the impossibility test has not been met and the charge should not be given (People v. Graham, 44 N.Y.2d 768, 406 N.Y.S.2d 36, 377 N.E.2d 480 People v. Acevedo, 40 N.Y.2d 701, 389 N.Y.S.2d 811, 358 N.E.2d 495 see, also, People v. Ramirez, 55 N.Y.2d 708, 4......
  • People v. Hankin
    • United States
    • New York City Court
    • December 5, 1997
    ... ... If there is a payment after the fact, without any prior agreement or understanding, it may constitute the lesser crimes of giving or receiving an unlawful gratuity, but not bribery. See, Penal Law §§ 215.00, 200.30 and 200.35. See also, People v. Graham, 57 A.D.2d 478, 394 N.Y.S.2d 982 (4th Dept.1977), aff'd, 44 N.Y.2d 768, 406 N.Y.S.2d 36, 377 N.E.2d 480 (1978), and People v. Hendy, 64 A.D.2d 407, 409 N.Y.S.2d 736 (1st Dept.1978). Likewise, even if a benefit is conferred upon a witness, but it is not based upon a prior or concurrent agreement or ... ...
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