D'Aprile, members of the Vice Squad, would be paid to prevent the arrest of defendants' gambling associates while enforcing the law against competitors. The remaining orders affirming the convictions of Quamina, Waters, Edwards and Tolliver should be affirmed.Īt the joint trial of Quamina and Waters, the People's theory was that the defendants proposed an arrangement whereby Rochester Police Officers Gerald Luciano and Gustave J. For the reasons that follow, the order affirming the judgment of conviction of McGee should be modified to the extent of reversing the conviction on the bribery counts and dismissing the indictment as to those counts, and as so modified, affirmed. The judgments of conviction were affirmed by five separate orders of the Appellate Division and leave to appeal to this court was granted. From the other, arise appeals by defendants Quamina and Waters, who were convicted, upon a jury verdict, of one count of conspiracy in the third degree and 10 counts of bribery in the second degree. Out of one evolve appeals by defendants McGee, Edwards and Tolliver, who were convicted, after a jury trial, of one count of conspiracy in the third degree and 28 counts of bribery in the second degree.
Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Chief Judge COOKE Judge MEYER concurs in a separate opinion. Gerber of counsel), for Lionel Albert Edwards and another, appellants. Conaty, Jr., for Willie McGee, appellant.Įdward J. The People of the State of New York, Respondent,Īlfred Quamina and Jake Waters, Appellants.Ĭourt of Appeals of the State of New York. Willie McGee, Lionel Edwards, Also Known as Mickey, and Robert Tolliver, Appellants.
49 N.Y.2d 48 (1979) The People of the State of New York, Respondent,
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