PEOPLE v. LENNON


107 Misc.2d 329 (1980)

The People of the State of New York, Plaintiff, v. Bernadine Lennon et al., Defendants.

County Court, Broome County.

November 26, 1980


Attorney(s) appearing for the Case

Steven T. Wax, Public Defender (John L. Perticone of counsel), for defendants. Patrick D. Monserrate, District Attorney (Thomas P. Walsh of counsel), for plaintiff.


STEPHEN SMYK, J.

The above-named defendants have moved to dismiss their respective indictments, which accuse them of the crime of scheme to defraud in the first degree in violation of section 190.65 of the Penal Law, on the grounds that the conduct alleged in each indictment is not included within the area of conduct proscribed by section 190.65 of the Penal Law.

Essentially, each indictment accuses the particular defendant of obtaining property...

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