People v. Schwimmer

Titone, J. (dissenting).

Any analysis of the question now before this court logically begins with the statutory definition of conspiracy under article 105 of the present Penal Law. Section 105.10 of such article provides:

"A person is guilty of conspiracy in the second degree when, with intent that conduct constituting a class B or class C felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.

"Conspiracy in the second degree is a class E felony.” (Section 105.10 now defines conspiracy in the fourth degree [L 1978, ch 422] in substantially…