Opinion
December 7, 1967
Appeal from the Erie County Court.
Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ.
Order unanimously modified in accordance with the Memorandum and, as modified, affirmed. Memorandum: The conspiracy counts of the indictments are sufficient. The allegations thereof, including those appearing under the headings "Overt Acts" sufficiently set forth the essential elements of the respective crimes charged. (Code Crim. Pro., § 285; People v. Willis, 158 N.Y. 392, 397; People v. Farson, 244 N.Y. 413; People v. Scobie, 257 App. Div. 854, affd. 281 N.Y. 796.) The order should, therefore, be modified by striking from the first ordering paragraph thereof the words "First" and by providing that the demurrers to the counts designated "First" be disallowed.