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PEOPLE v. RATTENNI

81 N.Y.2d 166 (1993)

The People of the State of New York, Respondent, v. Alfred "Nick" Rattenni, A-1 Compaction, Inc., American Disposal Services, Inc., Frank Giannattasio, Jr., G & G Waste Systems, Inc., and Wasteway Carting Corp., Appellants.

Court of Appeals of the State of New York.

Decided April 5, 1993.

Attorney(s) appearing for the Case

Gilleece & Gilleece, White Plains (Kevin P. Gilleece of counsel), and Lanna & Coppola, Yonkers, for Alfred "Nick" Rattenni and others, appellants.

B. Anthony Morosco, White Plains, and James M. Rose for Frank Giannattasio, Jr., and others, appellants.

Robert Abrams, Attorney-General, New York City (Gary J. Malone, George Sampson, Jerry Boone and Joseph Opper of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur.

SMITH, J.

The primary issue on this appeal is whether the Grand Jury was properly instructed that any allocation of customers by the defendants was per se illegal under the Donnelly Act (General Business Law §§ 340, 341) or whether a "rule of reason" should be applied to the facts presented.

The indictment charging antitrust violations stemmed from the activities of competing waste carting firms...

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