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PEOPLE v. MENACHE

98 A.D.2d 335 (1983)

The People of the State of New York, Appellant, v. Moises Menache, Respondent

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

December 30, 1983

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Richard E. Weill, Gerald D. Reilly and Anthony J. Servino of counsel), for appellant.

Candee & Hilbert (Richard S. Candee of counsel), for respondent.

DAMIANI, J. P., WEINSTEIN and BRACKEN, JJ., concur.

TITONE, J.

The question before us is whether a telephonic conversation may constitute an overt act in furtherance of a conspiracy. We conclude that it may when the conversation is an act independent of the agreement itself and tends to carry out the object of the conspiracy. Because these criteria are lacking here, we affirm the order of dismissal (110 Misc.2d 987).

Defendant, Moises Menache, a physician...

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