Better Laws #1: Brave New NY Politican's World: Official Misconduct is a Felony
To Andrew Cuomo, others running for Statewide Office, NY Assembly and NY Senate, NYT:
We,the People,demand tough law to stop NY government corruption. NY penal law for Official Misconduct copied here has a misdemeanor penalty, which is oft bargained down. Corruption prosecuted in NY under federal law is usually for felonies. We, the People, want a Better Law.
NY Judges may believe they're immune from law for acts on the bench, but they are mistaken. The NY Constitution's Bill of Rights, offers no immunity from indictment by any law, whether by legislative action or judicial proclamation. We, the People, demand to clarify judicial penal liability for official misconduct.
NY Constitution, Bill of Rights § 6
"The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law."
Old version of Penal Law: § 195.00 Official misconduct. A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office. Official misconduct is a class A misdemeanor.
A "Better" Penal Law (changes in red): § 195.00 Official misconduct.
A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
3. Judges, judicial employees, employees of all NY State entities under judicial supervision and the Commission on Judicial Conduct are included as public servants under this law.
Official misconduct is a class C felony.
Career politicians and career judges mayn't want strict corruption laws, because they and/or their relatives, friends, contributors, etc. could be targets.
Are you with us Andrew Cuomo? And you, Senator or Assembly Member? NYT?
Cuomo drops the ball with regard to crime involving Chief Judge and Appellate Judge
Dear Mr. Cuomo and the NYTimes: When will you act on the criminal complaints against Chief Judge Lippman and Appellate Judge Ramos? AG Cuomo used his TARP to cover this 40 million dollar crime involving both judges. Andrew Cuomo appears to have passed through school and to his high positions through affirmative action for the “challenged” children of Political Chief Executives. Due to his affirmative action learning deficits and in order to assist AG Cuomo in what to present to the Grand Jury, I copied major applicable NY Penal Law below. Perhaps, some of AG Cuomo's staff can assist with other laws to present to the Grand Jury.
>§ 155.05 Larceny; defined. 1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof
§ 155.42 Grand larceny in the first degree. A person is guilty of grand larceny in the first degree when he steals property and when the value of the property exceeds one million dollars. Grand larceny in the first degree is a class B felony.
The Committee on Public Integrity has called upon federal officials to prosecute Judges Lippman and Ramos because you, AGl Cuomo, failed to act. See Link http://exposecorruptcourts.blogspot.com/2010/03/committee-calls-on-us-attorney-and-fbi.html
Right now, I call upon Andrew Cuomo and the NY Times to act. How could AG Cuomo be our Governor when AG Cuomo dropped the ball for the People of NY by covering up a giant criminal scandal under his TARP.
TF
Additional wake up for AG Cuomo and the NY Times: Eliot Spitzer has just poked his head out from under the TARP.