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PEOPLE v. ROSARIO

9 N.Y.2d 286 (1961)

The People of the State of New York, Respondent, v. Luis Manuel Rosario, Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1961.

Attorney(s) appearing for the Case

Rudolph Stand, Oscar Gonzalez-Suarez and Milton M. Rosenberg for appellant.

Frank S. Hogan, District Attorney (Richard G. Denzer and Robert Popper of counsel), for respondent.

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

FULD, J.

The appellant Luis Rosario stands convicted of murder in the first degree stemming from the death of a restaurant proprietor shot during the course of a robbery which the appellant and two accomplices committed and, on the record before us, there can be no possible doubt of his guilt.1 Indeed, he does not contest the sufficiency of...

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