People v. Kuss

Latham, Acting P. J. (dissenting in part).

In this case the People chose to charge appellant Conlon with a violation of section 1826 of the former Penal Law, which is a vague, general “ shotgun ” statute. A conviction of “aiding and abetting” under such a statute must be closely scrutinized.

In addition to the facts noted in the majority opinion, it should be pointed out that, according to the Rosemans, the People’s own witnesses, Conlon’s understanding at the very outset, as communicated to these witnesses by Conlon, was that the payment to Kuss was a fee for bringing the deal and that at no…