Menache, 110 Misc.2d at 990. In Menache the defendant called his counterparts and discussed the payment of $5,000 to the unnamed school employees. Menache, 110 Misc.2d at 990. Hardinski’s had many telephone conversations with Dinkoff the content of which is generally unknown. However if one were to play devil’s advocate, and assume they were discussing killing the victim it still would not be an overt act. In Menache, the Court decided that agreements do not constitute conspiracy, but the overt act in furtherance of the crime does. Menache, 110 Misc.2d at 990. Telephone calls discussing the agreement of killing the victim does not constitute an overt act. Menache, 110 Misc.2d at 996. However, if Hardinski’s and Dinkoff’s last few telephone converation were about coming to New York to finally kill the victim, then that would be considered the overt act. Telephone conversation about committing the crime only shows that the conspiracy was continuing. Menache, 110 Misc.2d at 990. A jury following the reasoning of Menache would find that the telephone calls are not an overt act, unless the conversation revealed that Dinkoff came to New York to assist
Menache, 110 Misc.2d at 990. In Menache the defendant called his counterparts and discussed the payment of $5,000 to the unnamed school employees. Menache, 110 Misc.2d at 990. Hardinski’s had many telephone conversations with Dinkoff the content of which is generally unknown. However if one were to play devil’s advocate, and assume they were discussing killing the victim it still would not be an overt act. In Menache, the Court decided that agreements do not constitute conspiracy, but the overt act in furtherance of the crime does. Menache, 110 Misc.2d at 990. Telephone calls discussing the agreement of killing the victim does not constitute an overt act. Menache, 110 Misc.2d at 996. However, if Hardinski’s and Dinkoff’s last few telephone converation were about coming to New York to finally kill the victim, then that would be considered the overt act. Telephone conversation about committing the crime only shows that the conspiracy was continuing. Menache, 110 Misc.2d at 990. A jury following the reasoning of Menache would find that the telephone calls are not an overt act, unless the conversation revealed that Dinkoff came to New York to assist