PEOPLE v. CORBO


284 A.D. 273 (1954)

The People of the State of New York, Respondent, v. Joseph Corbo and Rudolph Santobello, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 21, 1954.


Attorney(s) appearing for the Case

Whitman Knapp of counsel (Chester E. Kleinberg with him on the brief; Whitman Knapp, attorney), for Joseph Corbo, appellant.

Joseph Lonardo for Rudolph Santobello, appellant.

George Tilzer of counsel (Herman J. Fliederblum and John B. Lee with him on the brief; George B. DeLuca, District Attorney, Bronx County, attorney), for respondent.

PECK, P. J., CALLAHAN, BASTOW, BOTEIN and BERGAN, JJ., concur.


Per Curiam.

Defendants have been convicted of murder in the first degree committed as an incident to a felony and on the jury's recommendation were sentenced to life imprisonment.

The main question on appeal is whether there is sufficient proof of participation of both defendants in the commission of the felony to which the homicide was an incident. Without such proof, the conviction of appellant Santobello...

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