PEOPLE v. ROTH


100 Misc.2d 542 (1979)

The People of the State of New York, Plaintiff, v. Samuel J. Roth et al., Defendants.

County Court, Trial Term, Nassau County.

August 10, 1979


Attorney(s) appearing for the Case

Irving Anolik for Samuel J. Roth and others, defendants. Harvey Paticoff for Joel Karen, defendant. Weingard & Broudny for Peter Ravitz and another, defendants. O'Brien & Keefe for Frank Oliveto, defendant. Kostelanetz & Ritholz and Kase & Druker for Seth Kaufman, defendant. Robert Abrams, Attorney-General (John M. Desiderio of counsel), for plaintiff. Le Boeuf, Lamb, Lieby & Macrae for Medical Society of State of New York, amicus curiae. Kent Masterson Brown and Mudge Rose Guthrie & Alexander for Association of American Physicians & Surgeons, Inc., amicus curiae. Andrews Davis Legg Bixler Milsten & Murray, Inc., for Private Medical Care Foundation, Inc., amicus curiae.


MARIE G. SANTAGATA, J.

This is a motion by the defendants for an order dismissing this indictment pursuant to CPL 210.20.

The defendants are charged with a combination in restraint of the furnishing of services, in violation of the Donnelly Act, sections 340 and 341 of the General Business Law. There are eight individual physician defendants and one association defendant, Surgical Specialties Association...

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