People v. Amereno

This is a motion by the defendant skoll “ for an order dismissing the indictment ”.

The basis for this motion rests on two contentions. Succintly put, they are (1) that the first count of the indictment charging-grand larceny is defective in that it alleges that the stealing set forth therein was ‘1 in pursuance of a sustained and continuing unlawful scheme, plan, design and continuing criminal intent ” and (2) that the second count in the indictment charging conspiracy is bad because the overt acts alleged therein constitute the consummated crime, and upon the consummated crime failing, the…