PEOPLE v. DeRENZZIO


19 N.Y.2d 45 (1966)

The People of the State of New York, Respondent, v. George De Renzzio, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1966.


Attorney(s) appearing for the Case

Warren M. Weitzman and James H. Durand for appellant.

Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.

Opinion by Judge BERGAN. All concur, Judges BURKE and KEATING in separate opinions, except Chief Judge DESMOND and Judge FULD who dissent and vote to reverse in a memorandum.


BERGAN, J.

In January, 1938, now almost 30 years ago, a police sergeant interrupting a robbery in progress at a pawnshop in the Bronx was shot dead and a patrolman accompanying him was seriously wounded.

Defendant De Renzzio, running out of the pawnshop, was immediately captured by a policeman at gunpoint. He was convicted of murder, first degree, but the jury recommending life imprisonment, he escaped...

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