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PEOPLE v. DI COSTANZO

31 A.D.2d 250 (1969)

The People of the State of New York, Respondent, v. James M. Di Costanzo, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 16, 1969.

Attorney(s) appearing for the Case

Anthony J. Langan for appellant.

Frank A. Gualtieri, Jr., (Jon K. Holcombe of counsel), for respondent.

GOLDMAN, WITMER and HENRY, JJ., concur with DEL VECCHIO, J.; BASTOW, P. J., dissents and votes to reverse and grant a new trial before the court without a jury.

DEL VECCHIO, J.

On September 5, 1966 the dead bodies of Mr. and Mrs. Di Costanzo were discovered in their home. The medical examiner, by whom autopsies were performed on September 6, expressed an opinion that death had occurred at least two days prior thereto. Defendant, who was being held in Jefferson County Jail on a traffic charge, was interviewed by the State Police and an Assistant District Attorney of Onondaga...

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