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PEOPLE v. SWEENY

27 N.Y.2d 138 (1970)

The People of the State of New York, Respondent, v. James F. Begole et al., Defendants, and John F. Sweeny and George K. Garvin, Sr., Appellants.

Court of Appeals of the State of New York.

Decided July 1, 1970.

Attorney(s) appearing for the Case

Herbert Prashker, Peyton H. Moss and Robert M. Haft for George K. Garvin, Sr., appellant.

E. Leo Milonas for John F. Sweeny, appellant.

Frank S. Hogan, District Attorney (Michael R. Stack and Michael R. Juviler of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Joel Lewittes and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law, for intervenor-respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, JASEN and GIBSON concur; Judge BURKE taking no part.

BREITEL, J.

These prosecutions arose out of the purchase of the capital stock of Manhattan Casualty Company, a domestic insurer, paid for unlawfully with $5,000,000 of its own liquid assets. The crimes charged in the indictment, both in the substantive and conspiracy counts, related not to this unlawful use of Manhattan's assets but to the alleged concealment of the true transaction by the issuance of, and manipulations...

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