People v. Western Express International, Inc.

OPINION OF THE COURT

Saxe, J.

These appeals concern the intended scope of the enterprise corruption provision (Penal Law § 460.20) of New York’s Organized Crime Control Act (OCCA) (Penal Law tit X). The question presented for our consideration is whether the proof presented to the grand jury sufficed to show that defendants’ combined activities constituted the type of “ascertainable structure” needed to satisfy the definition of criminal enterprise under Penal Law § 460.10 (3). We conclude that the evidence is sufficient to establish the type of criminal enterprise covered by the statute, and,…