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PEOPLE v. LUBOW

29 N.Y.2d 58 (1971)

The People of the State of New York, Respondent, v. Samuel Lubow and Oscar Gissinger, Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1971.

Attorney(s) appearing for the Case

Ira Richard Ressler for Samuel Lubow, appellant.

Sheldon Fried for Oscar Gissinger, appellant.

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

Chief Judge FULD and Judges SCILEPPI, BREITEL, JASEN and GIBSON concur with Judge BERGAN; Judge BURKE concurs in result only.

BERGAN, J.

The revised Penal Law creates a new kind of offense, simpler in structure than an attempt or a conspiracy, and resting solely on communication without need for any resulting action (art. 100, Criminal Solicitation, part of tit. G, Anticipatory Offenses, L. 1965, ch. 1030). Attempts to commit crimes and conspiracies are continued with some changes as crimes and these, too, are grouped within title G...

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