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People ex rel. Dickinson v. Van De Carr
Supreme Court of New York, Appellate Division
87 A.D. 386 (N.Y. App. Div. 1903), 87 App.Div. 386, 84 N.Y.S. 461 (1903)
Van de Carr (defendant) was an alderman of New York City. Antonio Covino was terminated from New York City’s Department of Street Cleaning. John Woodbury, the commissioner of street cleaning for New York City, wrote a letter to Van de Carr, stating that Covino’s termination case would be reconsidered if the board of aldermen approved additional funds for the street-cleaning department. Van de Carr responded, stating that he would vote to help Woodbury obtain the additional funds if Covino was reinstated. When these letters were written, the board of aldermen had a pending bill that would authorize the issuance of corporate stock to provide additional funds for the street-cleaning department. Van de Carr was charged with violating § 72 of the New York State Penal Code (Penal Code) by accepting a bribe. Van de Carr admitted that the two letters were sent and received but claimed that those letters did not violate the Penal Code. The court of special sessions held Van de Carr on bail and ordered Van de Carr to appear on the charge in the court of general sessions. Van de Carr appealed the order, challenging whether the charges were properly brought against him.
Rule of Law
Holding and Reasoning (Laughlin, J.)
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