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PEOPLE v. ARDITO

86 A.D.2d 144 (1982)

The People of the State of New York, Respondent, v. John Gregory Ardito, Defendant-Appellant

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

April 15, 1982

Attorney(s) appearing for the Case

Arnold D. Roseman and Peter J. Peluso for defendant-appellant.

Steven R. Kartagener of counsel (Alan D. Marrus with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

SULLIVAN, J. P., and SILVERMAN, J., concur with CARRO, J.; ROSS and BLOOM, JJ., dissent in an opinion by BLOOM, J.

CARRO, J.

We are substantially in agreement with the statement of the facts set forth by Justice BLOOM in his dissent, as we are with his conclusions on matters other than whether a prima facie case of a conspiracy to commit criminal usury was established. We find that the prosecution never established, prima facie, the existence of that conspiracy without recourse to the challenged statements. Therefore, the

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