Judgment against defendant Fiorillo reversed, on the law, and indictment dismissed as to him.
Judgments against Donovan and Mencher reversed, on the law and in the interests of justice, and new trial ordered as to said two defendants. The findings of fact as to all the defendants are affirmed. Defendant Fiorillo was previously convicted of murder in the second degree, in June, 1962, after a joint trial held on an indictment which charged murder in the first degree...
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