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PEOPLE v. BONGARZONE

69 N.Y.2d 892 (1987)

The People of the State of New York, Respondent, v. Francis Bongarzone, Appellant.

Court of Appeals of the State of New York.

Decided April 2, 1987.

Attorney(s) appearing for the Case

Stephen R. Mahler for appellant.

Elizabeth Holtzman, District Attorney (Andrew J. Frisch and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was indicted on charges arising out of an automobile accident in which two people were killed. While incarcerated awaiting trial, the defendant allegedly conspired with a fellow inmate to arrange for the murder of an eyewitness to the accident. The inmate, never intending to aid the defendant, informed the police, who arranged for an undercover...

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