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PEOPLE v. WESTERN EXPRESS INC.

No. 156.

19 N.Y.3d 652 (2012)

978 N.E.2d 1231

954 N.Y.S.2d 763

2012 NY Slip Op 6987

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESTERN EXPRESS INTERNATIONAL, INC., et al., Defendants, and DOUGLAS LATTA et al., Appellants.

Court of Appeals of New York.

Decided October 18, 2012.

Attorney(s) appearing for the Case

Douglas Latta, pro se, and Center for Appellate Litigation, New York City ( Jan Hoth and Robert S. Dean of counsel), for Douglas Latta, appellant.

Marianne Karas , Thornwood, for Vadim Vassilenko, appellant.

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

Galluzzo & Johnson LLP, New York City ( Matthew J. Galluzzo of counsel), for Angela Perez also known as Anna Ciano, appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David M. Cohn and Alan Gadlin of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur with Chief Judge LIPPMAN; Judge PIGOTT dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Appellants have been indicted for enterprise corruption (Penal Law § 460.20 [1] [a]), a class B felony, based in essential part on their commission of numerous predicate offenses.1 There was proof before the grand jury that three of them — Douglas Latta, Lyndon Roach and Angela Perez — repeatedly purchased stolen credit card...

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