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People v. Aleynikov

Supreme Court of New York, Appellate Division, First Department
148 A.D.3d 77 (2017)


Sergey Aleynikov (defendant) copied Goldman Sachs’s source code from Goldman’s computers and saved them onto a German server. Aleynikov then saved the source code onto several personal computing devices and shared the source code with his new employer, which was a potential competitor of Goldman. The federal government charged Aleynikov with violating the National Stolen Property Act. The State of New York (plaintiff) also charged Goldman with the unlawful use of secret scientific material. Aleyinikov was convicted by the federal court, but his conviction was reversed by the United States Court of Appeals for the Second Circuit. After the jury returned a verdict in the state case, Aleynikov sought a dismissal setting aside the verdict. The trial court granted the motion, finding that the transfer of the data did not constitute a tangible reproduction and that Aleynikov did not intend to appropriate the data. The state appealed.

Rule of Law


Holding and Reasoning (Richter, J.)

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