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PEOPLE v. RIAL

25 A.D.2d 28 (1966)

The People of the State of New York, Respondent, v. Fred Rial, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 20, 1966.

Attorney(s) appearing for the Case

Joseph J. Nasser and William J. Holbrook for appellant.

Lurton G. Whiteman, District Attorney (Brian C. Flynn and Donald G. Purple, Jr., of counsel), for respondent.

WILLIAMS, P. J., and BASTOW, J., concur; HENRY and MARSH, JJ., dissent and vote to affirm.

DEL VECCHIO, J.

Defendant appeals from a conviction of murder in the second degree on two counts.

The indictment charged murder in the first degree in two counts alleged to have been committed on January 30, 1964. There were no eyewitnesses to the crimes. The bodies of the victims were discovered on February 20 and 21, 1964. The defendant had been confined in a hospital from February 5 to May 7 as a result...

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