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PEOPLE v. DI BIASI

7 N.Y.2d 544 (1960)

The People of the State of New York, Respondent, v. Carmine Di Biasi [Di Biase], Alias Sonny Pinto, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1960.

Attorney(s) appearing for the Case

Maurice Edelbaum for appellant.

Frank S. Hogan, District Attorney (Charles W. Manning and Arthur Muhlstock of counsel), for respondent.

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

DESMOND, Ch. J.

Appellant has been convicted of murder in the first degree and sentenced to death for the killing of Michael Errichiello on the early morning of December 26, 1951. He was convicted at the same time for the attempted murder of one Rocco Tisi. An appeal from that latter conviction is pending in the Appellate Division, First Department, and is not before us at this time.

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