What is the evidence required to establish that a defendant employed an informant to solicit business for him?

"New York", United States of America

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.

Other Questions


If the Defendant alleges that minimal diversity was present during its investigation, is the Defendant required to provide evidence of the date when it discovered minimal diversity? (MultiRegion, United States of America)
What is the prima facie case requirement for establishing that a defendant before the court is not a criminal defendant? ("New York", United States of America)
What is the burden of establishing that there is insufficient evidence to convict a defendant who has been convicted of a sexual assault? (MultiRegion, United States of America)
What is the test for establishing a case of discrimination against a defendant in an employment action? (MultiRegion, United States of America)
What is the test for establishing that evidence adduced at trial established the pertinent fact? (MultiRegion, United States of America)
What is the test for establishing probable cause to arrest based on information obtained through the use of an informant? (MultiRegion, United States of America)
Does a defendant have to remain silent when informed of evidence that could conceivably be exculpatory? (MultiRegion, United States of America)
When a defendant argues there is insufficient evidence to convict him of a charge of sexual assault, how does the court view the evidence against him? (MultiRegion, United States of America)
How has the US Supreme Court interpreted the instruction that a finding of conspiracy against a defendant does not mandate acquittal of a defendant where there is evidence of other conspiracies? (MultiRegion, United States of America)
Is a defendant entitled to an instruction that fingerprint evidence alone is insufficient to establish possession? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.