PEOPLE v. AGNELLO


165 Misc.2d 855 (1995)

630 N.Y.S.2d 614

The People of the State of New York, Plaintiff, v. David Agnello et al., Defendants.

City Court of Rochester.

April 18, 1995


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Suffolk County, Rochester (David R. Juergens of counsel), for Christopher Allen and others, defendants. Michael J. Personte, Rochester, Ian Mackler, Brockport, Scott M. Green, Rochester, Timothy L. Alexson, Pittsford, Sammy Feldman, Rochester, Michael A. Polozie, Rochester, Robert A. Shapiro, Rochester, Thomas D. Cook, Pittsford, Michael Santariello, Fairport, Mark F. Cianca, Rochester, John Ferlicca, Rochester, Michael J. Masino, Rochester, Melvin G. Shapiro, Rochester, David R. Coletti, Rochester, Christopher Trotto, Rochester, Jennie M. Cooper, Rochester, Bruce F. Freeman, Rochester, Matthew R. Lembke, Rochester, Peter L. Kristal, Rochester, Robert E. Burgess, Rochester, Bentley B. Bisbee, Rochester, David H. Walsh, IV, Rochester, Richard A. Goldberg, Rochester, Joseph S. Guadagnino, Rochester, Michael Schiano, Rochester, Rekha Jain, Rochester, Alan L. Offen, Rochester, Steven Levitsky, Rochester, and Jan P. Egger, Rochester, individually for other defendants. Howard R. Relin, District Attorney of Monroe County, Rochester (Thomas R. Morse of counsel), for plaintiff.


TERESA D. JOHNSON, J.

These matters are before the court on the defendants' motions to dismiss the charges against them of criminal solicitation in the fifth degree on the ground that there exists some jurisdictional or legal impediment to the defendants' conviction and on the ground that the accusatory instruments are defective. For the reasons set forth below, the court grants the motions to dismiss the charges...

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