Opinion
July 12, 1996
Appeal from the Cayuga County Court, Corning, J.
Present — Denman, P.J., Green, Wesley, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: There is sufficient evidence to support defendant's conviction of conspiracy in the second degree ( see, People v. Schwimmer, 66 A.D.2d 91, affd 47 N.Y.2d 1004). The People established an overt act, namely that defendant sent a photograph of the intended victim, a detailed physical description of her, and information concerning her where-abouts to an undercover officer posing as an underworld figure ( cf., People v. Bongarzone, 116 A.D.2d 164, affd 69 N.Y.2d 892). We have considered the remaining contention raised by defendant and conclude that it is without merit.