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SIMON & SCHUSTER, INC. v. MEMBERS OF N. Y. STATE CRIME VICTIMS BD. Opinion of the Court

willing to spend, life could be almost bearable.” Wiseguy 150–151. Wiseguy was reviewed favorably: The Washington Post called it an “ ‘amply detailed and entirely fascinating book that amounts to a piece of revisionist history,’ ” while New York Daily News columnist Jimmy Breslin named it “ ‘the best book on crime in America ever written.’ ” App. 5. The book was also a commercial success: Within 19 months of its publication, more than a million copies were in print. A few years later, the book was converted into a film called Goodfellas, which won a host of awards as the best film of 1990. From Henry Hill’s perspective, however, the publicity generated by the book’s success proved less desirable. The Crime Victims Board learned of Wiseguy in January 1986, soon after it was published. C On January 31, the Board notified Simon & Schuster: “It has come to our attention that you may have contracted with a person accused or convicted of a crime for the payment of monies to such person.” App. 86. The Board ordered Simon & Schuster to furnish copies of any contracts it had entered into with Hill, to provide the dollar amounts and dates of all payments it had made to Hill, and to suspend all payments to Hill in the future. Simon & Schuster complied with this order. By that time, Simon & Schuster had paid Hill’s literary agent $96,250 in advances and royalties on Hill’s behalf, and was holding $27,958 for eventual payment to Hill. The Board reviewed the book and the contract, and on May 21, 1987, issued a proposed determination and order. The Board determined that Wiseguy was covered by § 632–a of the Executive Law, that Simon & Schuster had violated the law by failing to turn over its contract with Hill to the Board and by making payments to Hill, and that all money owed to