People v. Kacer

OPINION OF THE COURT

Robert M. Haft, J.

Defendant stands indicted of the crime of attempted grand larceny in the second degree by extortion (for threatening to harm the business of the complainant) (Penal Law, § 155.05, subd 2, par [e], cl [ix]) and of commercial bribe receiving in the first degree (for soliciting a bribe from the complainant) (Penal Law, § 180.08). He moves to dismiss the indictment claiming that as a matter of law an indictment for attempted extortion and commercial bribe receiving cannot be based on the same facts; and that the evidence before the Grand Jury was insufficient…