Summary
affirming conviction for conspiracy where the only two persons with whom defendant entered into agreement were the undercover and the confidential informant
Summary of this case from Haji v. MillerOpinion
Argued May 30, 1979
Decided July 10, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HARRY J. DONNELLY, J.
Sanford S. Lurie for appellant.
Eugene Gold, District Attorney (Lionel Rene Saporta of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed for the reasons stated in the opinion of Mr. Justice RABIN ( 66 A.D.2d 91) to which we add only that there cannot be any question concerning the intention of the Legislature by section 105.30 of the Penal Law to adopt the unilateral rather than the bilateral approach to conspiracy in light of the analogous statutory provisions contained in article 100 (criminal solicitation), article 110 (attempt), and article 115 (criminal facilitation) as well as article 105 (conspiracy) of the Penal Law.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.