PEOPLE EX REL. LAZER v. WARDEN, NEW YORK COUNTY MEN'S HOUSE OF DET.


79 N.Y.2d 839 (1992)

The People of the State of New York ex rel. David Lazer, on Behalf of Antonio Palmieri, Respondent, v. Warden, New York County Men's House of Detention, Appellant. The People of the State of New York ex rel. Rory J. Cutaia, on Behalf of Roberto Esposito, Respondent, v. Warden, Brooklyn Correctional Facility, Appellant.

Court of Appeals of the State of New York.

Decided January 14, 1992.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Morrie I. Kleinbart of counsel), for appellants.

David Lazer for Antonio Palmieri, respondent.

Rory J. Cutaia for Robert Esposito, respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the Supreme Court judgments reinstated.

Relators — foreign nationals with no ties to New York or the United States — are charged with attempted grand larceny in the first degree (a class C felony) for their complicity in a scheme to sell allegedly worthless promissory notes to an undercover detective. The notes, issued...

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