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PEOPLE v. PEREZ

300 N.Y. 208 (1949)

The People of the State of New York, Respondent, v. Julio Ramirez Perez, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1949

Attorney(s) appearing for the Case

Rose Rothenberg, James D. C. Murray, Abraham J. Gellinoff and Joseph J. Cella for appellant.

Frank S. Hogan, District Attorney (Whitman Knapp and Peyton H. Moss of counsel), for respondent.

LEWIS, CONWAY, DYE and FULD, JJ., concur with BROMLEY, J.; DESMOND, J., dissents in opinion in which LOUGHRAN, Ch. J., concurs.

BROMLEY, J.

Defendant has been sentenced to death, after conviction for the murder of Vera Lotito in New York City on March 30, 1948. The case was submitted to the jury upon the theory that the deed was done while defendant was engaged in committing a felony, either burglary or robbery.

At about 5:30 P.M. on Tuesday, March 30, 1948, Vera Lotito's husband found her dead, but still warm, body lying on the...

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