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PEOPLE v. MONTGOMERY

24 N.Y.2d 130 (1969)

The People of the State of New York, Respondent, v. Samuel Montgomery, Appellant.

Court of Appeals of the State of New York.

Decided February 27, 1969.

Attorney(s) appearing for the Case

Julia P. Heit and Anthony F. Marra for appellant.

Burton B. Roberts, District Attorney (Barry L. Mendelson and Daniel J. Sullivan of counsel), for respondent.

Chief Judge FULD and Judges BURKE and BERGAN concur with Judge KEATING; Judge BREITEL dissents and votes to affirm in an opinion in which Judges SCILEPPI and JASEN concur.

KEATING, J.

Samuel Montgomery, a teenager of 15, along with two friends, Robert May and Russell Corley, became involved in a street melee with two other boys which quickly escalated from an argument to fisticuffs to knife wielding. As a result of this street brawl, Montgomery and his companions were indicted for fatally stabbing one of the boys whom they encountered on the evening of August 2, 1957. Montgomery...

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