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PEOPLE v. CONIGLIARO

290 A.D.2d 87 (2002)

737 N.Y.S.2d 96

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX CONIGLIARO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 2002.

Attorney(s) appearing for the Case

Meissner, Kleinberg & Finkel, L. L. P., New York City (Ronald M. Kleinberg, Richard A. Finkel and Laurel J. Weinberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Linda Cantoni and Alyson J. Gill of counsel), for respondent.

FEUERSTEIN, J. P., and CRANE, JJ., concur with GOLDSTEIN, J.; FRIEDMANN, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

GOLDSTEIN, J.

The primary issue before this Court is whether the crime of enterprise corruption is sufficiently pleaded in the indictment (see, People v Iannone, 45 N.Y.2d 589, 600-601). The appellant focuses on two elements: whether a criminal enterprise is sufficiently alleged in the indictment and whether a pattern of conduct is properly alleged.

The indictment charges that the appellant...

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