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PEOPLE v. JENNINGS

69 N.Y.2d 103 (1986)

The People of the State of New York, Respondent, v. John Jennings, Appellant. (Indictment No. 638/83.) The People of the State of New York, Appellant, v. John Jennings and Angela Fiumefreddo, Respondents. (Indictment No. 640/83.) The People of the State of New York, Appellant, v. Sentry Armored Courier Corp. and Sentry Investigations Corp., Respondents. (Indictment No. 4379/83.) The People of the State of New York, Appellant, v. John Finnerty, Respondent. (Indictment No. 4380/83.) The People of the State of New York, Respondent, v. John Jennings and Angela Fiumefreddo, Appellants. (Indictment No. 369/84.) The People of the State of New York, Appellant, v. John Jennings, Respondent. (Indictment No. 370/84.)

Court of Appeals of the State of New York.

Decided December 18, 1986.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Peter D. Coddington and Steven R. Kartagener of counsel), for appellant in indictments Nos. 640/83, 4379/83, 4380/83 and 370/84.

Joseph M. Darby for John Jennings, respondent, appellant.

Francine Seiden for Angela Fiumefreddo, respondent, appellant.

Richard M. Asche and Russell M. Gioiella for Sentry Armored Courier Corp. and another, respondents.

Kevin P. Gilleece for John Finnerty, respondent.

Mario Merola, District Attorney (Peter D. Coddington and Marianne Karas of counsel), for respondent in indictments Nos. 638/83 and 369/84.

Chief Judge WACHTLER and Judges KAYE and HANCOCK, JR., concur with Judge TITONE; Judge SIMONS dissents in part and votes to modify in accordance with his separate opinion in which Judges MEYER and ALEXANDER concur.

TITONE, J.

On December 13, 1982, the Sentry Armored Courier Corp. warehouse in Bronx County was burglarized and robbed of some $11 million by individuals unconnected to Sentry, who were later apprehended and prosecuted. In the aftermath of the robbery, the Bronx County District Attorney's office focused its attention on Sentry's-own business practices. A series of indictments charging Sentry and its principals...

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