Posted by GET NY on 19:17:58 01/14/05
In Reply to:
2001 Court Case: No. 78 People v. John O'Hara posted by GET NY
2 No. 78 The People &c.,Respondent, v. John
O'Hara,
Appellant.
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2001 NY Int. 78
June 14, 2001
This opinion is uncorrected and subject to revision before publication in the New York Reports.
Steve S. Efron, for appellant.
Monique Ferrell, for respondent.
The League of Women Voters of New York City; New York Civil Liberties Union, amici curiæ.
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WESLEY, J.:
Defendant John O'Hara, an attorney and frequent candidate for elective office, was convicted of seven crimes arising from his fraudulent filing of a false voter registration form and voting in five separate elections in an election district in which he did not reside. On appeal, defendant contends that the definition of voting residence contained in the Election Law is at odds with our recognition that in today's society, a person can have more than one residence. This case, however, turned on whether a second residence actually existed, not a choice between two. The court's charge correctly reflects the state of New York law and did not, as defendant now contends, direct a verdict against him.
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