Legal Opinion

People v. Schwimmer

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1978PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

Rabin, J.

The appeal, as limited by the People’s brief, is from so much of an order of the Supreme Court, Kings County, entered February 22, 1978, as dismissed the first and second counts of the indictment, charging defendant with conspiracy in the second and third degrees, respectively.

The issue on appeal is whether the defendant may be convicted of conspiracy when all the other members of the alleged conspiracy have feigned agreement and never intended to perform the object crime. Criminal Term concluded that when agreement "is simulated and without an intent to perform,…

2Cases cited7 opinions

  1. Krulewitch v. United StatesSupreme Court of the United States · 1949
  2. Morrison v. CaliforniaSupreme Court of the United States · 1934
  3. United States v. KisselSupreme Court of the United States · 1910
  4. People v. MackellNew York Court of Appeals · 1976
  5. People v. MackellAppellate Division of the Supreme Court of the State of New York · 1975

2 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. People v. CabanNew York Court of Appeals · 2005
  2. People v. BerkowitzNew York Court of Appeals · 1980
  3. People v. ChinNew York Court of Appeals · 1986
  4. United States v. WilsonDistrict Court, S.D. New York · 1983
  5. United States v. LiranzoCourt of Appeals for the Second Circuit · 1991

32 more not listed; retrieve them via the Exa API.

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