People v. Dioguardi
Court of Appeals of New York
203 N.Y.S.2d 870 (1960)
Relevant factsFree
McNamara and Dioguardi (defendants) told nonunion business owners the Kerins that ongoing union picket lines jeopardizing their companies would stop only if the Kerins paid Dioguardi's consulting company $3,500 plus a monthly retainer, ultimately extracting $4,700 in payments; the defendants were convicted of extortion, but the appellate court reversed, and the prosecution appealed.
IssueFree
Whether, to uphold an extortion conviction, it is necessary for the defendant to have the actual ability to follow through on the threats that induced or played upon the victim's fear.