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PEOPLE v. MATERA

52 Misc.2d 674 (1967)

The People of the State of New York, Plaintiff, v. John Matera, Joseph Florio, William Crabbe, Thomas Matteo and John Franzese, Defendants.

Supreme Court, Criminal Term, Queens County.

January 5, 1967

Attorney(s) appearing for the Case

Evseroff, Newman & Sonenshine (Jacob R. Evseroff of counsel), for John Matera, defendant. Philip Vitello for Joseph Florio, defendant. Herbert A. Lyon and William Santoro for William Crabbe, defendant. Kleinman, Gold & Landsman (William W. Kleinman of counsel), for Thomas Matteo, defendant. Sabbatino & Todarelli (Peter L. F. Sabbatino of counsel), for John Franzese, defendant. Nat H. Hentel, District Attorney (Lawrence T. Gresser and Timothy J. Flaherty of counsel), for plaintiff.

PETER T. FARRELL, J.

Defendants are jointly accused of murder in the first degree by an indictment, drawn in the commonlaw form, alleging that on or about August 5, 1964, they acted in concert in the commission of the crime, by shooting and stabbing the deceased. The following motions are decided herewith.

Motion No. 1 — This motion is made on behalf of defendant Matera for an order permitting...

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