In what circumstances will a police officer be charged with bribery in a criminal case?

We have twice held that such unusual circumstances existed. In People v. Rothschild, 35 N.Y.2d 355, 361 N.Y.S.2d 901, 320 N.E.2d 639 (1974), the defendant, a police officer, was accused of larceny by extortion for his conduct in threatening members of the victim's family in order to obtain money from the victim. At trial, the defendant testified that he had agreed to accept money from the victim in order to arrest the victim for bribery. On cross-examination, the prosecutor elicited from defendant that he had not told any of his superior officers after his arrest about the victim's supposed bribe offer. We held that such inquiry on cross-examination was permissible because the defendant had a duty to inform his superior officers of any bribe and, in light of that duty, his failure to speak was patently inconsistent with the defense asserted (id. at 360, 361 N.Y.S.2d 901, 320 N.E.2d 639 ).

In People v. Savage, 50 N.Y.2d 673, 431 N.Y.S.2d 382, 409 N.E.2d 858 (1980), cert. denied 449 U.S. 1016, 101 S.Ct. 577, 66 L.Ed.2d 475 (1980), the defendant was arrested on charges of

[25 N.Y.3d 192]