People State New York v. Elizabeth Teeter

In People v Schwimmer and People v Villetto (47 N.Y.2d 1004, 1006), decided herewith, we have held, on the reasoning of the opinion of Mr. Justice Samuel Rabin in People v Schwimmer (66 A.D.2d 91), that a defendant may be guilty of criminal conspiracy even though his only coconspirator feigned agreement and, therefore, did not share defendants criminal intent. That holding requires reversal in the instant case, the Trial Judge having charged the jury that they could not convict one defendant and not the other on the conspiracy charge.