People v. Teeter

OPINION OF THE COURT

MEMORANDUM.

In People v Schwimmer and People v Villetto (47 NY2d 1004, 1006), decided herewith, we have held, on the reasoning of the opinion of Mr. Justice SAMUEL RABIN in People v Schwimmer (66 AD2d 91), that a defendant may be guilty of criminal conspiracy even though his only coconspirator feigned agreement and, therefore, did not share defendant's criminal intent. That holding requires reversal in the instant case, the Trial Judge having charged the jury that they could not convict one defendant and not the other on the conspiracy charge.

The instruction that the jury…