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PEOPLE v. BURRELLE

21 N.Y.2d 265 (1967)

The People of the State of New York, Respondent, v. George Burrelle, Eugene Weston and Roosevelt Grant, Appellants.

Court of Appeals of the State of New York.

Decided December 29, 1967.

Attorney(s) appearing for the Case

Harris B. Steinberg, Gerald Zuckerman and Stanley S. Arkin for Roosevelt Grant, appellant.

Sol Neil Corbin and Nahum L. Gordon for George Burrelle, appellant.

Isidore Silver and Harold O. N. Frankel for Eugene Weston, appellant.

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

Chief Judge FULD and Judges VAN VOORHIS, BREITEL and KEATING concur with Judge BURKE; Judge BERGAN dissents and votes to affirm in a separate opinion in which Judge SCILEPPI concurs.

BURKE, J.

The defendants in this case are charged with murder in the first degree. Following their arrests, defendants Burrelle and Weston made admissions and gave statements, each claiming that another of the defendants had shot the victim after the victim had struck the man who allegedly fired the gun. Defendant Grant denied that there had been a robbery or that he had shot anyone. Nevertheless, he did concede...

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