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PEOPLE v. DIOGUARDI

8 A.D.2d 426 (1959)

The People of the State of New York, Respondent, v. John Dioguardi and John J. McNamara, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 23, 1959.

Attorney(s) appearing for the Case

William W. Kleinman of counsel (Eugene Gold and Solomon A. Klein with him on the brief), for John Dioguardi, appellant.

Arthur Karger of counsel (Herman L. Weisman with him on the brief; Amen, Weisman & Butler, attorneys), for John J. McNamara, appellant.

Richard G. Denzer of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

McNALLY and STEVENS JJ., concur with M. M. FRANK, J.; BOTEIN P. J., concurs in opinion; VALENTE, J., dissents and votes to affirm in opinion.

M. M. FRANK, J.

The defendants appeal from judgments convicting them of the crimes of conspiracy and extortion.

The indictment contains two counts: the first charges conspiracy to commit the crime of extortion (Penal Law, § 580); the second charges extortion (Penal Law, §§ 850, 851, subd. 1). The latter count alleges that between January 23 and July 17, 1956, the defendants wrongfully, unlawfully...

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