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PEOPLE v. KESCHNER

843/08, 9722, 9723

110 A.D.3d 216 (2013)

973 N.Y.S.2d 7

2013 NY Slip Op 5975

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW KESCHNER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARON GOLDMAN, Appellant.

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

Decided September 24, 2013.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Susan H. Salomon of counsel), for Matthew Keschner, appellant.

Jenner & Block LLP, New York City ( Peter B. Pope and Kenyanna M. Scott of counsel), for Aron Goldman, appellant.

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

ANDRIAS, SAXE and GISCHE, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

Defendants ask this Court to alter the definition of "enterprise corruption" to include a criterion not contained in the statute — namely, that the "criminal enterprise" (Penal Law § 460.10 [3]) must be so structured as to permit it to continue its existence without the involvement of one or more key participants. Because the statute expressly requires only "a continuity...

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