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PEOPLE v. RODRIGUEZ

11 N.Y.2d 279 (1962)

The People of the State of New York, Respondent, v. Artemio Rodriguez Rodriguez and Rafael Negron Carde, Appellants.

Court of Appeals of the State of New York.

Decided May 10, 1962.

Attorney(s) appearing for the Case

Curtis L. Lyman and Hubert J. Gillette for Artemio Rodriguez Rodriguez, appellant.

Hamilton Doherty and Vincent D. Cardone for Rafael Negron Carde, appellant.

Franklin B. Cropsey, District Attorney (Leonard Finkelstein of counsel), for respondent.

Manuel Nelson Zapata, amicus curiæ.

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

FULD, J.

The defendants Rodriguez and Carde stand convicted of common-law premeditated murder for the killing of Jose Torres and Noreen Russell.

The bodies of the two victims who had been fatally shot were discovered in the early morning of Sunday, January 22, 1961, in the muckland area of the Town of Shelby in Orleans County and a 1955 Chevrolet automobile belonging to Torres was found nearby. It was...

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