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PEOPLE v. KIERNAN

6 N.Y.2d 274 (1959)

The People of the State of New York, Respondent, v. Edward J. Kiernan, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

C. Joseph Hallinan, Jr., for appellant.

Joseph F. Gagliardi, District Attorney (Douglas L. McGuire of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE concur.

FROESSEL, J.

About 18 years ago, on June 27, 1941, defendant and three others were convicted of murder in the first degree for the killing of a Sing Sing Prison guard in the course of an escape. Defendant Kiernan and one Wade were sentenced to life imprisonment, pursuant to a jury recommendation of mercy. Two other defendants, Riordan and McGale, were sentenced to death and paid the extreme penalty.

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