People v. Bauer

Gabrielli, J. (dissenting).

I dissent from so much of the majority opinion as affirms the conviction of defendant Bauer of attempted grand larceny, first degree.

I do, however, concur with the result reached by the majority for a reversal of the convictions on the conspiracy count, but on the sole ground there was no evidence of any conspiratorial agreement. At the only three-way meeting of the alleged conspirators no illegal combination was formed, since the only ‘ ‘ agreement ’ ’ made was between Bauer and Gmerek to meet again the following week. At this precise moment, the alleged conspiracy…