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PEOPLE v. DIOGUARDI

8 N.Y.2d 260 (1960)

The People of the State of New York, Appellant, v. John Dioguardi and John J. McNamara, Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Richard G. Denzer and H. Richard Uviller of counsel), for appellant.

William W. Kleinman, Eugene Gold and Solomon A. Klein for John Dioguardi, respondent.

Arthur Karger and Herman L. Weisman for John J. McNamara, respondent.

Judges VAN VOORHIS, BURKE and FOSTER concur with Judge FROESSEL; Chief Judge DESMOND and Judges DYE and FULD dissent and vote to affirm upon the Appellate Division opinion.

FROESSEL, J.

The Appellate Division has reversed defendants' convictions for extortion and conspiracy to commit extortion, dismissed the indictment and discharged them from custody. In addition to the conspiracy count, the indictment charged defendants with extorting $4,700 from the officers of two corporations. Said corporations were nonunion, conducted a wholesale stationery...

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