People v. William Flanagan


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.