PEOPLE v. CASTRO


19 N.Y.2d 14 (1966)

The People of the State of New York, Respondent, v. Miguel Castro, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1966.


Attorney(s) appearing for the Case

William P. Callahan and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Milton M. Stein and Michael Juviler of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and KEATING concur.


BERGAN, J.

Respondent was convicted at General Sessions in New York County of murder in the second degree and was sentenced June 22, 1960 to 25 years to life. The homicide grew out of a youthful gang fight. Defendant was then 17 years old.

Proof of his stabbing a member of another gang, Julio Rosario, who died from the wounds, is established both by an eyewitness, who testified she saw defendant stab the...

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