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PEOPLE v. CARBONARO

21 N.Y.2d 271 (1967)

The People of the State of New York, Respondent, v. Dominic Carbonaro, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1967.

Attorney(s) appearing for the Case

Irving A. Cohn for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur with Judge BREITEL; Chief Judge FULD dissents and votes to reverse and order a new trial in a separate opinion.

BREITEL, J.

Defendant Dominic Carbonaro appeals from a judgment of conviction for murder in the first degree (felony murder), and other felonies, after a jury trial in County Court, Nassau County. The conviction is predicated upon the participation by defendant in the armed robbery of a jewelry store in Manhasset during which one of the proprietors of the store was shot to death by defendant's confederate. Originally...

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