People v. Quigley

Memorandum. Appellants’ convictions for conspiracy in the third degree must be affirmed. The motion to dismiss the *915defective indictment of which they complain was not "made prior to * * * commencement of trial” and so the lower courts acted within their discretion in refusing to consider it (CPL 210.20; subd 2). Moreover, while the indictment did specify as underlying counts to the conspiracy charge not only grand larceny by extortion (a class C felony), but also bribery (class D) and two minor charges of official misconduct dismissed by the court (see CPL 200.30), the actual charge to the…