Summary
reversing conspiracy conviction because indictment failed to allege overt act
Summary of this case from U.S. v. OrenaOpinion
April 14, 1989
Appeal from the Orleans County Court, Miles, J.
Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.
Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The count in the indictment charging defendant with conspiracy in the fourth degree was jurisdictionally defective because it failed to allege an overt act (see, Penal Law § 105.20; People v. Russo, 57 A.D.2d 578). Accordingly, we reverse the conviction of conspiracy in the fourth degree, dismiss that count of the indictment, and vacate the sentence imposed thereon. We find no merit to the other points raised by defendant.