PEOPLE v. SCHWIMMER


66 A.D.2d 91 (1978)

The People of the State of New York, Appellant, v. Leon Schwimmer, Respondent

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

December 29, 1978


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Lionel René Saporta of counsel), for appellant.

Paikin & Lurie, P. C. (Sanford S. Lurie of counsel), for respondent.

LATHAM, J. P. and DAMIANI, J., concur with RABIN, J.; TITONE, J., dissents and votes to affirm the order insofar as appealed from, with an opinion.


RABIN, J.

The appeal, as limited by the People's brief, is from so much of an order of the Supreme Court, Kings County, entered February 22, 1978, as dismissed the first and second counts of the indictment, charging defendant with conspiracy in the second and third degrees, respectively.

The issue on appeal is whether the defendant may be convicted of conspiracy when all the other members of the alleged...

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