The People of the State of New York, Appellant,
v.
Manfred Ohrenstein, Howard Babbush, Francis Sanzillo and Joseph Montalto, Respondents
In the Matter of Manfred Ohrenstein et al., Petitioners,
v.
Robert M. Morgenthau, as District Attorney, New York County, et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 21, 1989
December 21, 1989
Attorney(s) appearing for the Case
Michael G. Cherkasky of counsel (Mark Dwyer, Daniel J. Castleman, Joseph J. Dawson, Mary C. Farrington and Morrie I. Kleinbart with him on the briefs; Robert M. Morgenthau, District Attorney, attorney), for appellant on the appeal and for Robert M. Morgenthau, respondent pro se in the article 78 proceeding.
Jack S. Hoffinger of counsel (Leon B. Polsky, Stephen L. Weiner and Mark W. Geisler with him on the briefs; Hoffinger Friedland Dobrish Bernfeld & Hasen, attorneys), for Manfred Ohrenstein, respondent.
Otto G. Obermaier of counsel (Obermaier, Morvillo & Abramowitz, P. C., attorneys), for Francis Sanzillo, respondent.
Martin B. Adelman, P. C., for Joseph Montalto, respondent.
Pascarella, DeVito, Clarey & Plutzer for Howard Babbush, respondent.
Edward N. Castikyan of counsel (Steven E. Landers and Robert Ernst with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for New York State Assembly, amicus curiae.
Paul J. Curran of counsel (Jane W. Parver and Thomas F. Ford with him on the brief; Kaye, Scholer, Fierman, Hays & Handler, attorneys), for New York State Senate, amicus curiae.
Arthur Eisenberg for The New York Civil Liberties Union, amicus curiae.
MURPHY, P. J., ELLERIN and RUBIN, JJ., concur; SULLIVAN, J., dissents in a separate opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
Per Curiam.
The People appeal from an order of Justice Harold Rothwax, Supreme Court, New York County, dated June 15, 1988, which dismissed 265 of the substantive counts, and struck certain language and 89 overt acts from the conspiracy count, from an indictment charging the various defendants with a total of 665 counts (139 Misc.2d 909). The defendants against whom the appeal is taken...
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