PEOPLE v. BARYSH


95 Misc.2d 616 (1978)

The People of the State of New York, Plaintiff, v. Arnold Barysh et al., Defendants.

Supreme Court, Trial Term, New York County.

June 21, 1978


Attorney(s) appearing for the Case

Stanley S. Arkin, P. C., Lee Cross and Stroock & Stroock & Lavan (Vicki Armet of counsel), for George Mitro, defendant. Norman B. Arnoff and Tolins & Lowenfels (Lewis Lowenfels of counsel), for Stuart Kostrinsky, defendant. Carro, Spanbock, Londin, Rodman & Fass (Jerome J. London of counsel), for Arthur Rafkind and others, defendants. Shea Gould Climenko & Casey (Milton S. Gould, Saul St. Streit and Robert J. Hawley of counsel) and Willkie Farr & Gallagher (Michael Targoff and Robert Bartkus of counsel), for Arnold Barysh and others, defendants. Walter, Conston, Schurtman & Cumpel, P. C. (William Schurtman and Alan Kanzer of counsel), for Dennis B. Poster, defendant. Whitman & Ransom (Lee D. Unterman of counsel), for Walter Newman, defendant. Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Steven R. Lapidus, Orestes J. Mihaly, Martin S. Weber, Eugene D. Berman, William Dugan, Ronald Eisenman, Raymond Michalak and Marshall Nachbar of counsel), for plaintiff.


IRVING LANG, J.

The defendants, specialists on the American Stock Exchange (AMEX), have moved to dismiss indictments on multiple grounds. These indictments arise from the same alleged criminal activity, namely, entering options trades in the transaction journal of the AMEX when, in fact, no such trades ever occurred. All the defendants are charged with violations...

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