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People v. Ohrenstein
(Penal Law § 200.10.) Under this statute, courts have held that "[t]he official duties of a legislator include the conduct of and partici pation in legislative investigations; discussion, persuasion and the influencing of other legislators; and the exercise of a power or authority derived from the actual relationship between a legislator as legislator and a particular matter” (People v Adams, 86 Misc 2d 634 , 637 [Suffolk County Ct 1976]; see also, People v Ginsberg, 80 Misc 2d 921, 927-929 [Nassau County Ct 1974], affd on other grounds 50 AD2d 804 [2d Dept 1975]).
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The People of the State of New York
v.
Ramon R. Pina
v.
Ramon R. Pina
Appellate Division of the Supreme Court of the State of New York.
Dec 1, 1975.
Published
— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered March 25, 1974, convicting him of criminal possession of stolen property in the first degree, unauthorized use of a vehicle and possession of burglar’s tools, upon a jury verdict, and imposing sentence. Judgment modified, on the law and the facts, by reversing the conviction and sentence for possession of burglar’s tools and dismissing the count therefor in the indictment. As so modified, judgment affirmed. The evidence was insufficient to establish beyond a reasonable doubt defendant’s guilt of the charge of possession of burglar’s tools. Gulotta, P. J., Rabin, Martuscello, Latham and Shapiro, JJ., concur.