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PEOPLE v. WISAN

132 Misc.2d 691 (1986)

The People of the State of New York, Plaintiff, v. Judith Wisan, Defendant.

Supreme Court, Criminal Term, Richmond County.

July 14, 1986

Attorney(s) appearing for the Case

William L. Murphy, District Attorney (Judith Waldman of counsel), for plaintiff. Schwartz, DiBlasi & Cimini (Barry A. Schwartz and Joseph DiBlasi of counsel), for defendant.

NORMAN J. FELIG, J.

The question raised on this aspect of the defendant Wisan's prosecution is whether the acts alleged in paragraphs numbered 17 through 21 of the conspiracy count of the underlying indictment are "overt acts" within the meaning of Penal Law § 105.20. In sum and substance, that section provides, inter alia, that no one may be convicted of the substantive crime of conspiracy unless...

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