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PEOPLE v. RUSSO

57 A.D.2d 578 (1977)

The People of the State of New York, Respondent, v. Frank Russo, Appellant

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

April 11, 1977

Judgment reversed, on the law, and the said branch of the motion is granted; plea of guilty vacated, and indictment dismissed.

The defendant and another were indicted for conspiracy in the first degree in that they allegedly conspired to cause the death of defendant's father-in-law. With regard to the overt acts required to be alleged (see Penal Law, § 105.20), the indictment charged that at stated times and places...

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