CJI2d[NY] Penal Law § 200.50

The (specify) count is Bribe Receiving for Public Office.

Under our law, a public servant [or a party officer] is guilty of bribe receiving for public office when he or she solicits, accepts or agrees to accept any money or other property from another person upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.

The following terms used in that definition have a special meaning:

PUBLIC SERVANT means any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state, or any person exercising the functions of any such public officer or employee. The term public servant includes a person who has been elected or designated to become a public servant.¹

[PARTY OFFICER means a person who holds any position or office in a political party, whether by election, appointment or otherwise.²]

AGREEMENT means a mutual agreement between a public servant [or a party officer] and another person such that the public servant [or a party officer] solicits, accepts, or agrees to accept any money or other property from another, upon the understanding that a person will or may be appointed to a public office or designated or nominated as a candidate for public office.

UNDERSTANDING means something beyond a mere hope. It means a perception or belief by a public servant [or a party officer] who solicits, accepts or agrees to accept any money or other property from another person that some person will or may be appointed to a public office [or designated or nominated as a candidate for public office].³

Under our law, it is no defense to this charge that the public servant did not have the power or authority to perform the act or omission for which the money or property was solicited, accepted or agreed to be accepted.⁴

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, the following two elements:

1. That on or about (date), the defendant,

(defendant’s name), was a public servant [or party officer].

2. That on or about that date in the county of (specify), the defendant, (defendant's name), solicited, accepted, or agreed to accept money or other property from another person upon an agreement or understanding that a person would or might be appointed to a public office or designated or nominated as a candidate for public office.

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.