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PEOPLE v. FASANO

11 N.Y.2d 436 (1962)

The People of the State of New York, Respondent, v. Robert Fasano, Appellant. The People of the State of New York, Appellant, v. Salvatore Monaco, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1962.

Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (William I. Siegel and David Diamond of counsel), for the People of the State of New York, appellant and respondent.

Maurice Edelbaum for Robert Fasano, appellant.

Maurice Edelbaum for Salvatore Monaco, respondent.

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

FROESSEL, J.

On the night of January 27, 1958 Louis Cuomo was shot to death on a streeet corner in Brooklyn during an act of teen-age violence. Defendants, Robert Fasano and Salvatore Monaco, were tried upon a joint indictment which charged them with murder in the first degree in that they willfully and feloniously shot decedent while "acting in concert and each aiding and abetting the other". The jury found...

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