PEOPLE v. SALA


95 N.Y.2d 254 (2000)

739 N.E.2d 727

716 N.Y.S.2d 361

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER C. SALA, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN W. DONOVAN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER V. SALA, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 2000.


Attorney(s) appearing for the Case

Jeffrey S. Berkun, Albany, for appellant in the first above-entitled action.

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw, Preeta D. Bansal, Debra L. W. Cohn and Janet Cohn of counsel), for respondent in the first above-entitled action.

Daniel G. Moriarty, Albany, for appellant in the second above-entitled action.

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw, Preeta D. Bansal, Debra L. W. Cohn and Janet Cohn of counsel), for respondent in the second above-entitled action.

Ackerman, Wachs & Finton, P.C., Albany (Theresa M. Suozzi of counsel), and Eugene P. Devine, Public Defender of Albany County for appellant in the third above-entitled action.

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw, Preeta D. Bansal and Robert A. Forte of counsel), for respondent in the third above-entitled action.

Joshua L. Dratel, P. C., New York City (Joshua L. Dratel of counsel), and Newman Schwartz & Greenberg (Richard A. Greenberg of counsel) for New York State Association of Criminal Defense Lawyers, amicus curiae, in the three above-entitled actions.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur.


OPINION OF THE COURT

ROSENBLATT, J.

As former principals of First Meridian Planning Corporation, defendants were convicted of various crimes arising out of a scheme to defraud investors. All defendants challenge the legal sufficiency of the evidence as to fraudulent intent—a necessary element in all of the crimes charged. Because this contention lacks merit, we affirm the order of the Appellate Division. Another aspect of this appeal requires us to...

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