PEOPLE v. EVERETT


10 N.Y.2d 500 (1962)

The People of the State of New York, Respondent, v. Charles Everett, Appellant.

Court of Appeals of the State of New York.

Decided January 18, 1962.


Attorney(s) appearing for the Case

George C. Wildermuth for appellant.

Edward S. Silver, District Attorney (Frank Di Lalla of counsel), for respondent.

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


FROESSEL, J.

Defendant was convicted of murder in the first degree, and, upon the jury's recommendation, sentenced to life imprisonment. The evidence adduced at the trial may be summarized as follows:

At 11:30 on the morning of July 3, 1959, Carmello Finocchiaro was discovered lying on the ground floor of 661 Broadway, Brooklyn, New York. Upon the arrival of the police, Finocchiaro was found near the...

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