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PEOPLE v. WESTERN EXPRESS INTL., INC.

3180, 3782/07, 3170, M2674, M2757, M2986.

85 A.D.3d 1 (2011)

923 N.Y.S.2d 34

2011 NY Slip Op 3136

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WESTERN EXPRESS INTERNATIONAL, INC., JOHN WASHINGTON, VADIM VASSILENKO, DOUGLAS LATTA, LYNDON ROACH and ANGELA PEREZ, Also Known as ANGELA CIANNO, Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 19, 2011.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( David M. Cohn and Mark Dwyer of counsel), for appellant.

Michele Hauser , New York City, for John Washington, respondent.

Marianne Karas , Armonk, for Vadim Vassilenko, respondent.

Theodore M. Herlich , New York City, for Douglas Latta, respondent.

Steven Banks , The Legal Aid Society, New York City ( Allen Fallek of counsel), for Lyndon Roach, respondent.

Galluzzo & Johnson LLP, New York City ( Matthew J. Galluzzo of counsel), for Angela Perez, respondent.

ACOSTA and ABDUS-SALAAM, JJ., concur with SAXE, J.; ANDRIAS, J.P., and MANZANET-DANIELS, J., dissent in a separate opinion by ANDRIAS, J.P.

OPINION OF THE COURT

SAXE, J.

These appeals concern the intended scope of the enterprise corruption provision (Penal Law § 460.20) of New York's Organized Crime Control Act (OCCA) (Penal Law tit X). The question presented for our consideration is whether the proof presented to the grand jury sufficed to show that defendants' combined activities constituted the type of "ascertainable structure" needed to satisfy the definition of criminal enterprise...

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