People v. William Flanagan

Decided On : 2/9/2017
AD2 order dated October 7, 2015, affirming judgment of conviction.  Decision below: 132 AD3d 693, 17 NYS3d 178.  Stein, J., granted leave November 12, 2015.
ISSUES PRESENTED: Defendant, a police officer, was convicted of conspiracy and two counts of official misconduct, for trying to prevent the arrest of a teenager whose father had connections to the police department.  (1) Whether an official misconduct charge for malfeasance can be premised on performing an otherwise authorized act.  (2) Whether such a charge for nonfeasance can be premised on the failure to perform a discretionary duty.  (3) Whether statements by co-conspirators are admissible only when made during the time periods involved in the conspiracy.  

Related Information:
People v. Flanagan