The People of the State of New York, Appellant v. Louis Tavormina, Joseph M. Cohen, J. Vincent Labate, Arthur F…

Summary

The New York Court of Appeals reversed the Appellate Division and trial court, overruling the demurrers and holding that a misdemeanor conspiracy does not merge into a felony when overt acts constitute felonies, thereby affirming the validity of the indictment. The Court also declared the historic merger doctrine obsolete and abandoned it as contrary to modern public policy. Justice Lehman’s concurring opinion agreed with the result but emphasized that the abandonment of the rule is a matter for the Legislature or courts and that the conspiracy is a distinct crime.