New York County Courts January 14, 1955 (People v. Blasio)

Barshay, J.

The defendant moves to dismiss the indictment charging him with bribery of a public official under section 378 of the Penal Law, on the grounds that (a) the evidence received by the Grand Jury was illegal and insufficient as a matter of law to support the indictment; and (b) there is evidence that the passing of the money was a gift and not a bribe.