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PEOPLE v. SHER

24 N.Y.2d 454 (1969)

The People of the State of New York, Respondent, v. Walter Sher, Appellant.

Court of Appeals of the State of New York.

Decided April 17, 1969.

Attorney(s) appearing for the Case

Mario Matthew Cuomo for appellant.

William Cahn, District Attorney (Henry P. De Vine of counsel), for respondent.

Judges SCILEPPI, BERGAN, BREITEL and JASEN concur in Per Curiam opinion; Judge KEATING dissents and votes to reverse in a separate opinion in which Chief Judge FULD and Judge BURKE concur.

Per Curiam.

Walter Sher appeals from a judgment of conviction of two counts of murder in the first degree arising out of a jewelry store holdup on April 5, 1962. Sher was indicted along with co-felon Dominic Carbonaro on April 13, 1962. Both men pled not guilty. The District Attorney contemplated bringing both Sher and Carbonaro to trial together. Before trial, however, Sher was committed to Matteawan State Hospital...

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