The following excerpt is from People v. Hankin, 701 N.Y.S.2d 778 (N.Y. App. Term 1999):
The information alleges that the defendant had paid the informant for referrals in the past, and that after he paid the informant in this instance, they discussed payment for future referrals, which (if true) is sufficient to establish that the defendant employed an informant to solicit business for him. Thus, in People v. Schneider, 20 A.D.2d 408, 410, 247 N.Y.S.2d 623 (1st Dept.1964), the court, discussing former section 270-a of the Penal Law [now Judiciary Law 479], which prohibited "soliciting business on behalf of an attorney", stated that "[I]t is clear enough that where there is a prior arrangement between lawyer and layman for the recommendation of legal business, or where there is a giving and receiving of any compensation for such recommendation the statute applies." In the instant case, the incident alleges both a prior arrangement, wherein the informant had been paid by the defendant for referrals in the past, and the giving and receiving of compensation for the recommendation of the defendant to the undercover officer. Although section 270-a of the Penal Law criminalized by the act of persons who solicited clients for an attorney, the courts discussion in Schneider of the proof required to establish illegal solicitation is equally applicable to Judiciary Law 482, which prohibits an attorney from employing an individual to solicit business on his or her behalf. Based upon all of the foregoing, the information was facially sufficient to charge the defendant with a violation of Judiciary Law 482.
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