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PEOPLE v. QUIGLEY

37 N.Y.2d 913 (1975)

The People of the State of New York, Respondent, v. Thomas E. Quigley and Jerome M. Dowling, Appellants.

Court of Appeals of the State of New York.

Decided October 30, 1975.

Attorney(s) appearing for the Case

John P. Schofield, Herbert Siegal and Richard A. Dienst for appellants.

Mario Merola, District Attorney (Robert M. Moll and Daniel J. Sullivan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

Appellants' convictions for conspiracy in the third degree must be affirmed. The motion to dismiss the defective indictment of which they complain was not "made prior to * * * commencement of trial" and so the lower courts acted within their discretion in refusing to consider it (CPL 210.20; subd 2). Moreover, while the indictment did specify as underlying counts to...

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