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PEOPLE v. CEFARO

23 N.Y.2d 283 (1968)

The People of the State of New York, Respondent, v. Robert Cefaro, Edward Josephs and Bennie Russo, Appellants.

Court of Appeals of the State of New York.

Reargued October 10, 1968.

Decided November 27, 1968.

Attorney(s) appearing for the Case

F. Bosley Crowther 3rd and Anthony F. Marra for appellants.

Thomas J. Mackell, District Attorney (George D. Marlow of counsel), for respondent.

Chief Judge FULD and Judges BURKE, KEATING and BREITEL concur with Judge SCILEPPI; Judges BERGAN and JASEN dissent in part and vote to adhere to this court's original decision of affirmance in the case of People v. Cefaro.

SCILEPPI, J.

This is a reargument of the appeal in People v. Cefaro, Josephs and Russo (21 N.Y.2d 252, mot. for rearg. granted 22 N.Y.2d 884). Since the original opinion of this court contains a full statement of the facts surrounding this case, we set forth here only those facts which directly bear on the legal issue now presented.

Prior to the trial, a Huntley...

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