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agreement/ arrangement/ combination and conspiracy in restraint
of competition, which that person had a legal right to abstain
from engaging in, and to abstain from engaging in conduct, to
wit, competitive bidding for and solicitation of carting contracts,
in which that person had a legal right to engage, by instilling
in that pers)n a fear that if the demands were not complied
with, the defendants or others would cause physical injury to
that person or. others and damage to pr.operty, including damage
to the person's carting business, the carting company's place of
business, its containers, trucks and other equipment or its
customers' businesses or places of business.
COUNT THREE
The aforesaid Grand Jury, by this indictment,
accuses the defendants of the crime of COERCION IN THE FIRST
DEGREE in violation of section l35.65(2)(a) of hhe Penal Law of
the state of New York committed in the County of Suffolk as
follows:
From in or about December, 1981 to in or about
October, 1983/ the defendants compelled and induced a person to
engage in conduct constituting a felony, to wit, Combination. in
Restraint of Trade and Competition in violation of Sections 340
and 341 of the General Business Law of the State of New York,
which that person had a legal right to abstain from engaging in,
by instilling in that per,on a fear that if the demC:!.nds were not
complied with, the defendants would cause physical injury to
that person or other persons, and cause damage to the property
708