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PEOPLE v. MARKS

6 N.Y.2d 67 (1959)

The People of the State of New York, Respondent, v. Eddie Marks, Appellant.

Court of Appeals of the State of New York.

Decided May 21, 1959.

Attorney(s) appearing for the Case

John J. Loflin, Jr., and Florence M. Kelley for appellant.

Frank S. Hogan, District Attorney (William Rand, Jr., and Richard G. Denzer of counsel), for respondent.

Chief Judge CONWAY and Judges FROESSEL and BURKE concur with Judge VAN VOORHIS; Judge DESMOND dissents in an opinion in which Judges DYE and FULD concur.

VAN VOORHIS, J.

Appellant has been convicted of murder in the second degree for having shot and killed one Pickens on June 16, 1955, in the basement of 254-256 West 146th Street, New York City. The Appellate Division has affirmed. The verdict of the jury is supported by evidence. Appellant advances two points (1) that the trial court erroneously excluded evidence of a declaration by the victim exculpating appellant...

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