People v. Menache
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
The question before us is whether a telephonic conversation may constitute an overt act in furtherance of a conspiracy. We conclude that it may when the conversation is an act independent of the agreement itself and tends to carry out the object of the conspiracy. Because these criteria are lacking here, we affirm the order of dismissal (110 Misc 2d 987).
Defendant, Moisés Menache, a physician, was indicted for conspiracy in the sixth degree (Penal Law, § 105.00). It is alleged that he agreed with three other individuals to influence certain unnamed employees of a…
2Cases cited25 opinions
- Yates v. United StatesSupreme Court of the United States · 1957
- Grunewald v. United StatesSupreme Court of the United States · 1957
- People v. BerkowitzNew York Court of Appeals · 1980
- People v. McGeeNew York Court of Appeals · 1979
- People v. KohutNew York Court of Appeals · 1972
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