PEOPLE V. LUBOW
29 N.Y.2d 58, 272 N.E.2d 331 (1971)
NATURE OF THE CASE: This was an appeal by Lubow (D) from the Appellate Term, which
affirmed the trial court's conviction of D for criminal solicitation in the second degree, a
class A misdemeanor.
FACTS: Lubow (D) and Silverman were in the jewel business. D owed Silverman a great deal
of money, and suggested a plan for payment. The two of them would purchase a large amount of
diamonds, partially on credit. They would sell most of them at cost, using the money to
continue to buy diamonds. This would build up Silverman's credit rating. At this point, they
would claim bankruptcy, saying that the money was lost on gambling debts. The two of them
and a third party would then divide up the money. Silverman went to the police, who fitted
him with a recording device. They recorded incriminating conversations with D. D was
convicted of solicitation to commit a felony under a state statute that made it a crime to
solicit, request, command, importune, or otherwise attempt to cause another person to engage
in conduct that constitutes a crime, with the intent that the solicited party engage in such
conduct.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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