People State New York v. Frank Russo

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered July 1, 1976, convicting him of attempted conspiracy in the first degree, upon his plea of guilty, and imposing sentence. The appeal also brings up for review the denial of that branch of defendants omnibus motion which sought dismissal of the indictment. Judgment reversed, on the law, and the said branch of the motion is granted; plea of guilty vacated, and indictment dismissed. The defendant and another were indicted for conspiracy in the first degree in that they [57 A.D.2d 578 Page 579]