A New York City police officer’s unauthorized surreptitious filming of an arrestee’s backside was “certainly inappropriate” but did not amount to official misconduct, said a judge as he dismissed the indictment.
Noting that the crime of official misconduct required the showing that a public servant intended to receive a benefit, Acting Bronx Supreme Court Justice Steven Barrett (See Profile) said in People v. Becker, 2012/13, “The court does not choose to characterize an act designed to provide a private satisfaction, undisclosed to the object of desire, to constitute a benefit.”
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