PEOPLE v. PELOSE


116 Misc.2d 788 (1982)

The People of the State of New York, Plaintiff, v. John Anthony Pelose, Jr., and Frank Joseph Condon, Defendants.

Supreme Court, Westchester County.

September 28, 1982


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Frank Carollo of counsel), for plaintiff. David Breitbart for John Anthony Pelose, Jr., defendant. Robert Koppelman for Frank Joseph Condon, defendant.


JOHN J. WALSH, J.

The court held, by its decision of September 20, 1982, that evidence of other uncharged crimes of usury is relevant on that element of the crime of usury in the first degree (Penal Law, § 190.42) which requires the People to prove that defendants are engaged in a "scheme or business of making or collecting usurious loans"; and the court also found that the probative value of such evidence outweighs its obvious prejudice to the defendants...

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