People v. Lubow

29 N.Y.2d 58, 272 N.E.2d 331 (1971)

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Nature of the Case

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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.