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PEOPLE v. KEIFFER

149 A.D.2d 974 (1989)

The People of the State of New York, Respondent, v. Tony Wayne Keiffer, Appellant

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

April 14, 1989

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum:

The count in the indictment charging defendant with conspiracy in the fourth degree was jurisdictionally defective because it failed to allege an overt act (see, Penal Law § 105.20; People v Russo, 57 A.D.2d 578). Accordingly, we reverse the conviction of conspiracy in the fourth degree, dismiss that...

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