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PEOPLE v. MONACO

14 N.Y.2d 43 (1964)

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

Court of Appeals of the State of New York.

Decided February 27, 1964.

Attorney(s) appearing for the Case

Maurice Edelbaum for appellant.

Edward S. Silver, District Attorney (William I. Siegel and David Diamond of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD and BURKE concur with Judge BERGAN; Judges VAN VOORHIS and SCILEPPI dissent and vote to affirm.

BERGAN, J.

The factual circumstances of the crime for which appellant Monaco was convicted of murder, second degree, are developed in the opinion of Judge FROESSEL on the prior appeal in this case in 1962 (People v. Fasano and Monaco, 11 N.Y.2d 436).

On that appeal, however, Monaco was respondent and the People appellant, from an order of the Appellate Division...

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