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PEOPLE v. KANCHARLA

No. 82, No. 83

23 N.Y.3d 294 (2014)

14 N.E.3d 354

2014 NY Slip Op 3295

THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. V. REDDY KANCHARLA, Appellant-Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. VINCENT BARONE, Appellant-Respondent.

Court of Appeals of New York.

Decided May 8, 2014.

Attorney(s) appearing for the Case

Zuckerman Spaeder LLP, New York City ( Paul Shechtman and Christina P. Skinner of counsel), and Harris Beach PLLC, White Plains ( William A. Wetzel of counsel), for appellant in the first above-entitled action.

Lankler Carragher & Horwitz LLP, New York City ( Andrew M. Lankler and Joseph C. Perry of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Amyjane Rettew , Daniel R. Alonso , Hilary Hassler and Gina Mignola of counsel), for respondent in the first and second above-entitled actions.

Chief Judge LIPPMAN and Judges READ, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

GRAFFEO, J.

We are asked in these appeals whether the Appellate Division applied the correct legal standard when it reviewed the sufficiency and weight of the evidence supporting defendants' convictions for enterprise corruption (Penal Law art 460). We hold that the Appellate Division did not properly consider the elements of the crime under People v Western Express Intl., Inc.

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