People v. Wisan

OPINION OF THE COURT

Norman J. Felig, J.

The question raised on this aspect of the defendant Wisan’s *692prosecution is whether the acts alleged in paragraphs numbered 17 through 21 of the conspiracy count of the underlying indictment are "overt acts” within the meaning of Penal Law § 105.20. In sum and substance, that section provides, inter alia, that no one may be convicted of the substantive crime of conspiracy unless "an overt act * * * committed by one of the conspirators in furtherance of the conspiracy” is both alleged and proven. In the court’s opinion, this question must be answered in…