People v. Pennachio

OPINION OF THE COURT

Robert S. Kreindler, J.

Defendant moves to suppress certain anticipated testimony and any fruits thereof on the basis that the testimony would violate the common interest privilege. This decision explains the court’s oral ruling.

Defendants Joseph Pennachio, Steven Ruiz, Anthony Scarpati and John Tánico were indicted for murder in the second degree in connection with the beating death of Manuel Aucaquizphi in Dyker Park. The four defendants and their counsel attended several meetings where it is alleged that a joint defense strategy was discussed. Defendant Tánico…