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PEOPLE v. DEL RIO

14 N.Y.2d 165 (1964)

The People of the State of New York, Respondent, v. Francisco Molina Del Rio, Also Known as Pancho, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 1964.

Attorney(s) appearing for the Case

Samuel A. Neuburger and Andrew R. Tyler for appellant.

Frank S. Hogan, District Attorney (H. Richard Uviller of counsel), for respondent.

Marvin Moses Karpatkin, Arthur Grae Shapiro and Janet Ann Johnson for New York Civil Liberties Union, amicus curiæ.

Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur; Judge BERGAN taking no part.

Chief Judge DESMOND.

In June, 1961, on a jury's verdict, defendant was sentenced for murder, second degree (and other crimes) to imprisonment for from 20 years to life. After his appeal to the Appellate Division had resulted in a unanimous affirmance, leave to appeal to this court was granted him and he took the appeal to us on March 11, 1963. On October 3, 1963 (13 N.Y.2d 899

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