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People v. Schwimmer

47 N.Y.2d 1004 Court N.Y. Decision date 1979-07-10 English

Contents

Majority

p. 1004
The People of the State of New York, Respondent, v Leon Schwimmer, Appellant.
Argued May 30, 1979;
decided July 10, 1979.
p. 1005
APPEARANCES OF COUNSEL
Sanford S. Lurie for appellant.
Eugene Gold, District Attorney (Lionel René Saporta of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed for the reasons stated in the opinion of Mr. Justice Rabin ( 66 AD2d 91 ) to which we add only that there cannot be any question concerning the intention of the Legislature by section 105.30 of the Penal Law to adopt the unilateral rather than the bilateral approach to conspiracy in light of the analogous statutory provisions contained in article 100 (criminal solicitation), article 110 (attempt), and article 115 (criminal facilitation) as well as article 105 (conspiracy) of the Penal Law.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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